1st expunged DUI was at 18. Ard participation resulted in expungement. DUI occurred this week with very high BAC. Will expunged DUI nearly 20 years ago affect his ability to be viewed as eligible for ARD again? Will past expunged DUI be considered in judges willingness to consider how to proceed? What should I be doing, if anything, to prepare proactively for proceedings? 1st DUI occurred in centre county (pa), current in Cumberland county (pa).
The prior DUI over 20 years ago will not prevent him from entering ARD. However, in Cumberland County, the high BAC may prevent his admission into the program. If his BAC is .25 or above, he is ineligible.
Even if he is eligible, it is important to remember that ARD is not the only option available to resolve the case. It is important to have a full and fair evaluation of your case by an experienced DUI Attorney, such as myself, before committing to any particular course of action.
The links below should help you to decide the best course of action.
F. Dean Morgan, Esquire
Your husband is eligible by law. An issue of disclosing the prior DUI depends on a lot of factors. You must contact an attorney familiar with that county. Furthermore, you must seek an attorney that will evaluate the case to see if there is a viable defense and not just a lawyer who will run the case through the system.
Admission into ARD is soley within the discretion of the District Attorney. It is imperative that you consult with and retain an attorney. Without knowing more about your case, it would be irresponsible to provide more guesses into the outcome. Your BAC and reasons for the traffic stop will need to be reviewed carefully. If you cannot afford an attorney, you should apply for a free one at the public defenders office, located in the Cumberland County Courthouse on the corners of Hanover and High Streets.
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