Pennsylvania DUI Attorney
Prior Convictions - Look Back Period - "Priorability"
Section 3806 of the Vehicle Code (75 Pa.C.S.) is the benchmark for determining when a prior violation is to be considered a prior offense. In relevant part, the section provides:
(a) General rule-Except as set forth in
subsection (b), the term "prior offense" as used in this chapter shall
mean a conviction, adjudication of delinquency, juvenile consent
decree, acceptance of Accelerated Rehabilitative Disposition or other
form of preliminary disposition before the sentencing on the present
violation for any of the following:
(1) an offense under section 3802 (relating to driving under influence of alcohol or controlled substance);
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(b) Repeat offenses within ten
years-The calculation of prior offenses for purposes of sections
1553(d.2) (relating to occupational limited license), 3803 (relating to
grading) and 3804 (relating to penalties) shall include any conviction,
adjudication of delinquency, juvenile consent decree, acceptance of
Accelerated Rehabilitative Disposition or other form of preliminary
disposition within the ten years before the present violation occurred
for any of the following:
(1) an offense under section 3802[.]