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Prior Offenses

(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);

(2)  an offense under former section 3731;

(3)  an offense substantially similar to an offense under paragraph (1) or (2) in another
jurisdiction; or

(4)  any combination of the offenses set forth in paragraph (1), (2) or (3).

(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;

(2)  an offense under former section 3731;

(3)  an offense substantially similar to an offense under paragraph (1) or (2) in another
jurisdiction; or

(4)  any combination of the offenses set forth in paragraph (1), (2) or (3).

(Nov. 29, 2004, P.L.1369, No.177, eff. imd.)

2004 Amendment.  Section 6(1) of Act 177 provided that the amendment shall apply to sentences imposed on
or after the effective date of section 6.

Cross References.  Section 3806 is referred to in sections 1553, 3805 of this title.

By Kevin Leckerman

Attorney Kevin Lekerman
Get your questions answered – call me for your initial 20 min phone consultation (856) 429-2323
Leckerman