Consent Decree, P.A. - D.U.I. Laws, SOMEBODY PLEASE HELP!!!

[yamrick3737]

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

I am 22 years old, male, and live in PA. When I was 16 years old being stupid I got a D.U.I. with some my friends after leaving a party. When I got my D.U.I when I was 16 I signed to a "consent decree", pretty much what was explained to me is after I complete classes and pay fines it will not be on my record because I was so young and I'll be good in the future. What I was told at least. Now I am 22 and four months ago I got stopped and arrested for D.U.I., I attended my 1st hearing at the local District Justice office and had a Public Defender representing me. Now he tells me that He "THINKS" he THINKS that it is going to be my second offense, and a mandatory 60-90days in jail and/or house arrest. I argued with him upset of course, and told him it wasn't as me myself is in the criminal justice field and i felt he was wrong. I had a attorney call the D.A. and they D.A. said that I am still eligible for ARD classes. However I am not positive if he understood my circumstance completely. When I was 16 I got a D.U.I. however plead'd to a Consent Decree, in which i was told it wasn't going to be a problem. Now at 22 I got a D.U.I. which I am afraid may be big problems as I fear it will be counted as my second offense. Anybody have GOOD advice for my situation and DOES anybody know the truth behind what will happen??

[Taper420]

I would say that this is probably going to be your second offense. Your previous underage DUI isn't on your record for employment purposes, but the state still knows you got one and should treat you as a second time offender. Once wasn't enough for you?? What makes you think getting one at 22 is any less stupid than getting one at 16??

[Yertle8]

You may or may not be charged with a second offense, but I'm pretty sure that even if you're charged with first offense, your punishments will be second offense punishments. You might not get into ARD.

[FlyingRon]

If the prosecutor is going to offer ARD, then they obviously are not counting this as a second DUI. I'm not real up on PA juvenile law, but you may have dodged a bullet on that one. ARD is a tremendous deal to avoid the criminal charge here. Your lawyer of record (be it the PD or the private counsel) should be talking directly to the prosecutor as to ARD. This generally happens roughly about the time frame of the preliminary hearing.

[irish77]

If state is offering ARD, you can't be offered that with a second offense. Count your lucky stars and keep your fingers crossed. Bad decision. Big mistake. Learn from it.

[fatamerican]

ARD is in the bag & the lawyer probably figures it is too but he'll let you sweat for a while then when he tells you he can get you ARD due to his legal knowhow you'll be a delighted customer & he'll look like a hero. typical lawyer BS. as to being stupid when you were a 16 yr old DUI but not stupid now as a 22 yo DUI? typical problem drinker BS. smarten up before you kill someone.

[yamrick3737]

Thank you all for your opinions and input on the matter. Truly do appreciate it, as I have yet to find out for certain if A.R.D. will be an option for me or not. I rarely am stupid enough to get behind a steering column when drinking, however I obviously have made this mistake in the past. It is with great certainty and sincerity that I vow to never do it again, "D.U.I.- YOU CAN'T AFFORD IT" is the truest sentiment I may have ever heard. I understand completely how my actions of drinking alcohol and driving are extremely dangerous and can effect many more peoples live than just me and my checkbook. In all honestly I feel as though I have already learned from my mistakes, but the reality is the punishment process has yet to even begin. I respect each and everyones opinion, you're entitled to it. Thank you.


P.S.: If anybody had anything more to add please do I will be checking back, I would love for an inspiring esquire to let me have it on the p's n q's of my particular situation facing me. However I truly believe I am in a very unique situation and I think that it is going to unique even for the Judge and Prosecution. .. Hopefully my lawyer whom spoke with a D.A. who said A.R.D. should be on the table was correct. However my fingers are crossed in propose of hopes.