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Pennsylvania Vehicle Codes

Pennsylvania Code Section - § 3806. Prior DAI 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 paragraphs (1) or (2) in another jurisdiction; or
  • (4) any combination of the offenses set forth in paragraphs (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) 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).

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

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