What if I have a prior DUI offense, but the officer only charged me with a 1st Offense?

If you’re facing a new DUI case in Pennsylvania, but the officer only charged you with a 1st offense DUI, you may think that you’re lucking out and will face reduced penalties. However, you shouldn’t assume things will stay that way.

District Attorney’s Offices will typically order a state and multi-state “rap sheet,” or criminal record detailing your prior criminal history. If the prosecution learns that you had a prior DUI conviction or diversionary program for a DUI in Pennsylvania or another state, they have the ability to amend your criminal charges either at the preliminary hearing, or by filing a criminal information at the Court of Common Pleas.

If you are facing a DUI in Pennsylvania, and had a prior DUI offense, there are a few important things to keep in mind.

Talk to your lawyer and provide honest details about your criminal history

Anyone facing a DUI charge in Pennsylvania needs to hire an experienced criminal defense attorney for representation. You should be honest in discussing your criminal history with your attorney, even if you had a prior criminal charge that was expunged or dismissed. As experienced criminal defense attorneys, it is incredibly frustrating to learn when a client was dishonest about their criminal history.

Was your prior DUI outside of Pennsylvania?

If you had a prior DUI outside of the state of PA, your attorney will want to know what the disposition of the case was. Did you plead guilty, receive a deferred adjudication, a diversionary program, or were your DUI charges dropped altogether? These are questions your attorney will want to know, because the answer will determine whether or not you will face a 1st or 2nd DUI charge.

For an out-of-state DUI to count, you must have been convicted of a DUI offense that is an equivalent offense to a DUI offense under PA law. Additionally, some counties may prohibit entry into the ARD Program if you received a similar program in another state. For example, our office recently represented a client accused of a 2nd DUI offense, based upon a claim that he had a prior DUI conviction from Florida. Our firm learned that the prior DUI in Florida was completely withdrawn without the client having completed a diversionary program. The client’s charges were amended to a 1st Offense DUI and he was able to receive entry into the ARD Program.

Additionally, if you had an out-of-state DUI that is eligible for expungement, you should contact your prior lawyer to see if you can get the prior DUI expunged. An expungement of that criminal record information may help ensure that your current case is only treated as a 1st DUI.

You may have to report the prior DUI on an ARD Application

If you are applying for ARD on a current DUI, many counties will require you to sign paperwork, subject to penalties for Unsworn Falsification to Authorities, that you have not received a diversionary program in another state or jurisdiction. If you lie on the form, you could be subject to criminal prosecution for lying.

The Zuckerman Law Firm LLC can help.

The Zuckerman Law Firm has experience representing those accused of 1st, 2nd or 3rd lifetime DUI offenses. If you are facing a new DUI case in Western Pennsylvania, please give us a call today at 412-447-5580 to discuss your case.