My last dui was2008. Got one in 2018. Will it be considered my 1st offense
This will a second offense if the prior sentencing was less than 10 years from the date of the current offense. You should hire an experienced local attorney.
Attorney Green is correct. The 10 year look window goes from the date of sentencing on the first offense to the date of the incident on the 2nd offense. So, if the first DUI was filed in 2008 but you were not sentenced until 2009, then a DUI incident in 2018 would be within 10 years and thereby be a 2nd offense.
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It's a matter of timing. Were you admitted into ARD on the 08 DUI before you were charged with second offense in 2018? If so, you may be eligible for ARD again. You should hire local counsel
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