1st DUI w/accident, 20 yrs old, PA. What can I expect?

[ryanpa]

What is the name of your state (only U.S. law)? Pennsylvania.

I am 20 years old (will be 21 in late Aug.) and from suburban Philadelphia. The other night I got my first DUI. I was driving with a friend and lost control of my car, which was totaled. Both my friend and I were thankfully unharmed. I passed sobriety tests, but blew a .117. I was arrested for DUI, and was given a blood test at a nearby hospital. I have done some limited research on DUI in the state of Pennsylvania, and came across the requirements for ARD, which I seemed to meet. Obviously, I'd like to do ARD, as I understand that it alleviates some of the severity of a DUI conviction. But I have no idea what to expect - never been in this situation before (no prior criminal record). And everything I read about DUI in PA didn't seem to include much about DUI for someone under 21. I know I'll probably get an underage, but will the DUI be treated differently in court because I'm under 21? If anyone could shed some light on this, it would be greatly appreciated.

[FlyingRon]

Things vary from county to county. If you're otherwise clean, you should be able to get ARD. I'm not sure that under 21 will play into unless they decide to tack on an additional minor in possession charge, but that's unlikely unless they think they're DUI is likely to get tossed for some reason.

[irish77]

Hopefully your friend being in the car doesn't affect anything. I'm from the same area and rec'd ARD for my first one in 2000. Good luck!

[RatPackLar]

A Pennsylvania DUI / DAI arrest will trigger two cases: the court case, with a variety of potential consequences, including jail, fines, mandatory alcohol education programs, loss of driving privileges, and more; and the driver's license case where the Pennsylvania Department of Transportation (PennDot) will seek to take away the driver's license in a separate action.

Pennsylvania is one of a few states that has a "per se" law related to driving under the influence of drugs (DUI Drugs). This means that if a Pennsylvania DUI / DAI arrestee has any measurable amount of specified drugs in their system, they will be punished as if they were at the highest alcohol levels.


100 htt w.dmv.state.pa.us/legislation/dui.shtml

Under the new DUI law minors, commercial drivers, school vehicle or bus drivers, and offenders involved in an accident that injures someone or causes property damage may be subject to the high BAC penalties even if their BAC is not in the high category. Offenders who refuse breath or chemical testing may be subject to the highest BAC penalties. The following charts show the penalties for each of the BAC categories:

There seems to be alot of DUI in PA on these boards of late.

BOTTOM LINE, GET A LAWYER WHO KNOWS PA DUI.

YOU ARE A MINOR, THEY ARE GONNA HIT YOU

THE COURT SYSTEM, DOES JAIL, PROBATION, ETC, BUT THEN PENNDOT, HITS YOU AS WELL REGARDING YOUR DL.

[irish77]

you in Delaware County? I have some contacts/lawyers that work with DUI's.

[foot]

Irish,
Are you in Delco? I've been lurking here for a while trying to get an idea of what i'm facing for my second DUI in Delco. Thought I'd actually say hello.

In response to the OP, your age shouldn't be an issue for ARD. I was accepted into it as a 19 year old. But I might be concerned about the accident. Will that be an issue?

[irish77]

I lived in Delco when I got my first one and went on ARD in 2000. I got a 2nd one this past memorial day, but that was in Jersey, so the rules are a bit different. I would say that per se rules apply to the 2nd one. I don't know what your BAC was, but you can find applicable puns here.

[url]http://www.dmv.state.pa.us/legislation/dui.shtml[/url]

I've heard that PA is usually hard on you the 2nd time around, but like I said, I can't really go down that path because my 2nd one was in NJ and different rules apply.

[irish77]

I live in Manayunk now

[TomStronach]

My wife got a DUI near the end of last year. She was alone and involved in a one car accident with no property damage (other than he own car being totalled).

She obviously needs an attorney, does anyone have a positive experience with their attorney they would care to relate?

What can she expect?

Hey Ryan, how did it turn out for you?

[foot]

I'm in Delco if that's where you are too. You will have to be careful, I'm not sure they offer ARD in cases involving an accident...even if it was one car with no property damage. I had excellent results with my attorney.

[paguy88]

in cases involving an accident...

it is offered as long as no injuries occured (exepct to you self they don't care if you hurt yourself you can do ARD but if you hurt someone else you can not)

[PixieHeart]

This is by no means professional advice merely suggestions and feedback.

1st...Contact the court that has jurisdiction (location where accident took place) if you don't know contact the police department that charged you with DUI. Ask how to go about applying for ARD...the worst that can happen is they say you are ineligible. In an event, you are ahead if you can find out in advance what the requirements are and will have a heads up with regard to amount of money needed to participate in ARD, timelines and such. IF and I do mean IF you are accepted into the program (will all depend on YOUR particular circumstances) you will have to pay for participating in ARD (as indicated above)...along the lines of $900. And....you will be required to get a CRN evaluation (this evaluation will determine if you have a problem with drugs and/or alcohol....if they deem that you do, then you must pay for counseling as well); you MUST attend, I believe it is alcohol related, traffic school; you will be on probation; you will lose your license (time frame varies with situation, I believe).

For the most part...after complying with ALL of the requirements and not getting arrested for ANY reason while participating in ARD, the conviction will be wiped after 1 year. HOWEVER, if you get a 2nd DUI within 10 years, the wiped conviction will reappear and you will be tried with a second DUI with much more strict consequences INCLUDING jail time!

Again....YOU ARE EXTREMELY LUCKY...no one was hurt or god forbid, killed! Take this as a second chance to NEVER DRINK AND DRIVE!!!!

Good Luck!

Pixie

[FlyingRon]

Look guys, people don't typically come back here after six months to see if people contribute any other words of wisdom. Try not to reopen dead threads.