What is the 10 Year PA DUI Rule?

The €œ10 year DUI rule€ in Pennsylvania means that there is a 10-year lookback period for PA DUI offenses. In other words, if you’ve been arrested for a subsequent DUI and you have had a prior DUI, but that DUI conviction occurred more than 10 years ago, the subsequent DUI will be treated as a first-time offense.

This is important for both ARD eligibility and potential DUI penalties. For example, the difference in a mandatory minimum jail sentence between a first-time and second-time DUI for a BAC between 0.10 and 0.159 is 2 days for a first-time offense and 30 days for a second-time offense.

However, if you have not had a DUI within the last 10 years, you’ll likely be eligible for ARDin order to avoid the mandatory minimum sentence.

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