If you are convicted of a second DUI offense in Pennsylvania, you may face increased penalties. While in most cases it is clear what constitutes a second DUI offense, in some circumstances clarification is required as to whether a prior disposition of a DUI charge constitutes an offense. In Shaffer v. Commonwealth, the Commonwealth Court of Pennsylvania held that acceptance of Accelerated Rehabilitation Disposition (ARD) for a Pennsylvania DUI charge constituted an offense for purposes of license suspension. If you are charged with a DUI and have previously been convicted of a DUI or accepted ARD for a DUI charge, you should consult an experienced Pennsylvania DUI attorney to discuss the facts of your case and determine how to defend against the charges you face.
Facts of the Case
Reportedly, the suspect was charged with a DUI in February 2014, after which he was accepted into an ARD program. The suspect was then arrested for a second DUI in January 2015, prior to his completion of the ARD program. Due to his second arrest, the state filed a petition to terminate the suspect’s participation in the ARD program, which was granted. The suspect then pleaded guilty to the reduced charge of recklessly endangering another person for the 2014 DUI charge, and pleaded guilty to general impairment for the 2015 DUI charge. Reportedly, the suspect was subsequently notified by the Department of Motor Vehicles (DMV) that his license was suspended for one year for the 2015 DUI charge, due to the fact the DMV considered his acceptance of ARD a prior offense. The suspect appealed the suspension. On appeal, the Court of Common Pleas affirmed the suspension.