Brother's 1st DUI

[tsssister]

What is the name of your state? Pennsylvania

Hi,
My brother was arrested 2 weeks ago for his 1st dui. His blood alcohol level was .22. I know WAY above the legal limit of .08. Would there be any chance of him getting into the ARD program? He does have a prior felony against him that happened 12 years ago for something dumb he did with a group of friends. Would that come into effect of what the outcome might be for him? Also...if he does go to jail does anyone know what that would be like? Is he in some kind of trailer with a guard and another another person convicted of dui? (that is what he has been told) Or will he be with the general population of the prison? I'm very concerned about this.

Any input would be greatly appreciated!!!

thanks,
His worried big sister!

Originally Posted by tsssister

What is the name of your state? Pennsylvania

Hi,
My brother was arrested 2 weeks ago for his 1st dui. His blood alcohol level was .22. I know WAY above the legal limit of .08. Would there be any chance of him getting into the ARD program? He does have a prior felony against him that happened 12 years ago for something dumb he did with a group of friends. Would that come into effect of what the outcome might be for him? Also...if he does go to jail does anyone know what that would be like? Is he in some kind of trailer with a guard and another another person convicted of dui? (that is what he has been told) Or will he be with the general population of the prison? I'm very concerned about this.

Any input would be greatly appreciated!!!

thanks,
His worried big sister!

Q: He does have a prior felony against him that happened 12 years ago for something dumb he did with a group of friends. Would that come into effect of what the outcome might be for him?

A: It's very possible this could enhance his current punishment since he is a prior offender. It depends on what the prior felony was for.


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Other people may give you other advice; stand by.

[tsssister]

Hi again,

His prior felony was for vandalizing cemetaries...ruining tombstones and such. The reason it was considered a felony is because of the costs involved.

thanks again!