The law changed in 2004 moving the look back period to 10 years. It appears that your new DUI will be treated as a first offense. The amour of alcohol in your system will determine the penalty. You should hire an experienced criminal attorney to represent you.
A prior DUI conviction can always have an effect on your current DUI case. The "look back window" in Pennsylvania for prior offenses is 10 years, but this simply means that prior DUI convictions or ARD dispositions will count as a prior offense and thereby subject you to increased mandatory minimum penalties. While your current offense may be deemed a "first offense", the DUI from 12 years ago can still be considered by the DA in determining how to handle your current case. For example, some DAs may consider ARD for your current offense since your prior DUI is more than 10 years ago, but, in other counties, the DA would deny your admittance into ARD. Many DAs will also consider offenses outside the 10-year look back window in determining what sentence to recommend in the current case if you are convicted or plead guilty to the current charge. Many DUI attorneys offer a free consultation, and I recommend that you take advantage of that option and discuss your case with a DUI attorney in the Chambersburg area.
Jason S. Dunkle, Esquire
JD Law, P.C.
State College, PA 16801
The responses provided on this site are intended for informational purposes only and should not be construed as providing legal advice regarding an individual situation. No attorney-client relationship is created between the reader and JD Law, P.C.
The look back period is ten years. As a result, it looks as if this will be treated as a first offense. Keep in mind that offenses from other states can also be counted.
The DUI laws recently changed and your sentence will be impacted by not only your prior DUI convictions, but also your entire prior criminal record and blood alcohol content will be factors. You should consult with and retain an attorney.