DUI offense grading and sentencing takes into account prior convictions for driving under the influence during the penalty phase. Priors for driving while impaired from other states will also be counted by the Commonwealth. If you have a prior DUI or DWI in another state, it is still possible that your initial offense sheet from the arresting officer in Pittsburgh, Johnstown, or other town, lists the current DUI as a “first offense“. However, under the Interstate Driver’s License Compact, most states share driving violations with each other through a database in order to elevate penalties for the accused in the home state. Pennsylvania will look back 10 years for any relatable priors. By or before the time your case reaches the penalty stage, the prosecution may be aware of the prior conviction from the other state. This is not to advise that a DUI suspect share their priors with officers at any time. You are under no obligation to do so, and should only tell your defense attorney about your prior in-state or out-of-state DUI/DWI convictions or charges so that she can properly plan and prepare your defense strategies. What You Can Do Write down everything that happened as soon as possible. Note the arresting officers’ names and station. Write down the names and addresses of all witnesses; including any other passengers. Recall all the field tests you took, and whether anything seemed off to you about these experiences. You will need to recall and write down everything you had to eat and drink within at least 12 hours of your arrest. Write down any medication taken in the 24 hours before the DUI, whether prescription or over the counter. Where were you? What time was it when you were first stopped and investigated? What was said between you and the officer(s)? What chemical test(s), if any, did you submit to, and where was it administered? What time was the BAC test given to you? Who was the test administered by, and what exactly did that person do during the procedure? Details like how many times you were asked to blow into the breathalyzer, whether you were constantly monitored by the test-giver; or what kind of swab was used prior to the blood draw (alcohol, iodine, etc.) may be helpful to your defense. If you submitted to a urine test, was your bladder properly emptied beforehand? Was a breathalyzer used, and if so, what did it look like? Finally, bring all of your notes to an experienced and well-qualified DUI defense attorney IMMEDIATELY. Regardless of what police may have told you, the single most important step you can take to fight against any DUI is to work with a criminal defense attorney who is specifically trained to help you. If you are facing DUI charges in Allegheny County, Cambria County, Blair County, Indiana County or any of the communities we serve, please contact us today for a free initial consultation. Tibbott & Richardson 1040 Fifth Avenue, Fourth Floor Pittsburgh, PA 15219 (412) 444-7171 https://www.tibbottrichardson.com/