Blog

Does a ARD count as a prior offense if I get another DUI?

Posted by Paul M. Aaroe, II | Mar 03, 2025 | 2 Comments

And the statue that sets penalties for subsequent DUIs reads that an ARD admission does count to enhance the grading And mandatory minimum for a subsequent offense within 10 years. The superior court at one time had ruled that that provision was unconstitutional, and therefore a subsequent offense should be prosecuted without considering the ARD for enhancement purposes. That case was overturned by the same superior court, and that decision was appealed to the Supreme Court of Pennsylvania since that time, other appeals have been filed and one has currently been argued before the Supreme Court and a decision is hopefully soon forthcoming to decide this issue. 

About the Author

Paul M. Aaroe, II

Why Paul Aaroe is considered the “go to” DUI Lawyer in the Lehigh Valley: **Experience and Expertise** With over 30 years of experience in DUI defense, Paul Aaroe has handled thousands of DUI cases. His deep understanding of DUI laws and his strategic approach to defense make him a formidable a...

Comments

Laura Haines Reply

Posted Mar 13, 2025 at 08:16:33

Do they have a date of this argument in session? Curious if there’s anything I can look up to stay updated.

Thank you for the informative blog post! One of the only ones I’ve seen with a recent update regarding this decision.

Paul M. Aaroe, II Reply

Posted Mar 13, 2025 at 08:21:13

It is my understanding that the case has been argued, and we are just awaiting a decision by the Supreme Court. I do not know the timeline, but there are rumors it should be issued shortly.

Leave a Comment

Aaroe Law Offices, PC Is Here for You

At Aaroe Law Offices, PC, we focus on Divorce, Custody, Equitable Distribution, Criminal, DUI, Personal injury, Business incorporation, Estates and Estate Planning, and Adoptions. We are here to listen to you and help you navigate the legal system.

Contact Us Today

Aaroe Law Offices, PC is committed to answering your questions about Divorce, Custody, Equitable Distribution, Criminal, DUI, Personal injury, Business incorporation, Estates and Estate Planning, and Adoption law issues in Pennsylvania.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.