A prior offense includes a conviction or adjudication for which a sentence has been imposed that occurs within ten years prior to the date of the instant offense. It also includes priors within ten years on or after the date of the offense for which the offender is being sentenced. Please keep in mind this definition of “prior offenses” is applicable to DUI offenses that are committed on or after May 25, 2016. For DUI offenses that were committed prior to May 25, 2016, you must apply the rule for determining “prior offenses” found under 75 Pa. C.S. §3806 that apply to individuals sentenced on or after December 26, 2014 (Act 189 of 2014).
Under the 2014 amendment, prior offenses include convictions whether or not sentence has been imposed for violations within 10 years before sentencing on the present violation. Therefore, the most important factor of how to calculate “prior offenses” in a DUI case depends upon when the current DUI occurred. If the DUI occurred on or after May 25, 2016, you must follow the new statute. But if the DUI offense being sentenced occurred prior to May 25, 2016, you must follow the definition contained in the 2014 amendment.