DUI in PA-Live in WI

[ecr520]

Ok, so here is my story. I'm embarrassed and ashamed, and would appreciate any advice or stories that could relate.

I am a Wisconsin resident, and am starting nursing school in about two weeks. I was just in Pennsylvania this weekend for a friends wedding and made a terrible mistake. I drove after being at the bar and was pulled over. I was given a field sobriety test and ultimately taken to the hospital to get my BA drawn. The officer was very nice, and also thanked me for being cooperative. Really, what could I do? I knew I was not capable of driving and I deserved to be pulled over.

This was on Wednesday, and I know it hasn't even been a week yet but I have a bazillion questions. I hope someone can help me with some of them. I have done some research on the ARD program and wonder what my chances are of getting into it... I am not a resident of PA...does that effect my eligibility? This is my very first offense ever. I don't know what my BA was yet, but my first concern about eligibility is the fact that I am a WI resident.

Also, I've heard different things regarding this....does your license get suspended if you are accepted to the ARD program? If so, is it possible to receive some kind of consideration if you need your car for work. (I know in Colorado, you can get a limited license.)

And I don't know if anyone can answer this question but...I will be writing the WI board of nursing for RN licensure in approximately a year. Anyone know how a DUI conviction, or ARD effects your chances of receiving a nursing license in Wisconsin?

Thanks in advance to anyone with any insight!

 

[ecr520]

Something I forgot to add....

After I had my BA drawn, the officer took me back to the hotel-not to jail. I was never fingerprinted, photographed, nor did I sign anything. I didn't receive any paperwork (the officer told me it would come in the mail) and I also didn't get his card. No paper whatsoever....is that weird?

Another question about ARD, as I have heard some conflicting things about this aspect. Is it a conviction? Also, do you do jail time? Has anyone that was not a resident received an ARD...I ask because I wonder how it works to take the classes you need.

I'm so sorry for the many questions. The pit in my stomach is growing as is my anxiety. I have never been a very patient person, and I am just anxious to have even the first clue as to how this will unfold.

Thanks again.

 

[FlyingRon]

After I had my BA drawn, the officer took me back to the hotel-not to jail. I was never fingerprinted, photographed, nor did I sign anything. I didn't receive any paperwork (the officer told me it would come in the mail) and I also didn't get his card. No paper whatsoever....is that weird?

Nope, absolutely typical. They'll send you the charges in the mail along with a demand that you show up and get fingerprinted. Usually you can just do this at your first court appearance.

Another question about ARD, as I have heard some conflicting things about this aspect. Is it a conviction? Also, do you do jail time? Has anyone that was not a resident received an ARD...I ask because I wonder how it works to take the classes you need.

If you successfully complete the probation (due your community service, pay your fees, stay out of trouble) then it is dismissed and does not count as a conviction. No jail time. You work out the exact issues with the probation officer you are assigned to.

Yes your license will be suspended.

 

[ecr520]

FlyingRon-thank you for your insight. So, is it your understanding that my residency doesn't affect my eligibility for the ARD program?

 

[seniorjudge]

FlyingRon-thank you for your insight. So, is it your understanding that my residency doesn't affect my eligibility for the ARD program?

Correct.

And, if you tell us why, we'll send you a cigar.

 

[ecr520]

Hmmm...I don't know the answer to that one

And as far as license suspension goes, that is dependent on BAC? And with ARD, is it possible to get your license "limited" so you can still drive for school/work purposes?

Thank you.

 

[FlyingRon]

You'll get suspended in PA.

It depends on how WI treats the news when they get wind of it what happens with your license there. You may end up needing a lawyer in both states.

 

[ecr520]

Thanks for the advice/insight to both of you. I really appreciate the help...one more question.

Anyone have any idea how long it will be before I hear anything about this? It has been a month now (I know that isn't a long time) but I am really hoping that I can start working on this situation to "move forward".

Someone I spoke to said it could be a year or more until I get something in the mail...is that true?!?

 

[FlyingRon]

I've seen Pennsylvania counties take several months. The case I recall the arrest occured in November and the paperwork didn't arrive until the first week of the new year.

 

[paguy88]

This was on Wednesday, and I know it hasn't even been a week yet but I have a bazillion questions. I hope someone can help me with some of them. I have done some research on the ARD program and wonder what my chances are of getting into it... I am not a resident of PA...does that effect my eligibility? This is my very first offense ever. I don't know what my BA was yet, but my first concern about eligibility is the fact that I am a WI resident.

Also, I've heard different things regarding this....does your license get suspended if you are accepted to the ARD program? If so, is it possible to receive some kind of consideration if you need your car for work. (I know in Colorado, you can get a limited license.)


here is what my experance with ARD & DUI in PA is...

living in another state will not make a differance...

You will not get your BAC back until the prelimary hearing...

to get into ARD they have several requirments... main ones are NO DUI's in the past 10 years does not matter what state you got it in. NO child under the age of 14 in the car and you can not have been in the ARD program for anyother reason in the past 10 year.

Now keep in mind ARD programs are slightly different in every county of PA county. BUT DONT get arrested again anywhere or they will toss you out of ARD and they will go forward with trying to convect you of the DUI charge

What will happen is most likley your lawyer will advise you to wave the prelim hearing.. and just move right to the arraignment.. and ARD interview... you are not offically in the program until the Judge signs off on it..

again what county did this happen?

depending on the county you may or may not have a licenese suspension some like mine do not suspend your licenese if your BAC is below .99. then it goes up from there 1.0-1.59 30 days, 1.6- 60.

I don't believe PA can suspend you DL in WI all they can do is suspend your DL privlages in PA for that time frame.. that's just a guess I would check with a PA lawyer. Also there are NO provisions to drive to work etc when you get into ARD since they suspension are so short 30-60days...

Oh since you live out of state not sure how this works but you HAVE to attenend the the arraignment, and ARD interview as well as ARD hearing which is conducted one a month(in most counties in PA) the ARD hearing will have like 100-150 people they call you 5 at a time to admit you into the program etc...



if you have an other questions please let me know.. this has been my experance thus far and again not sure what county this happen to you in?

Oh and from the time you are arrested until you finish the program and probation which atleast in my county is nonreporting.. to finally get the expungment is about about a year and a half..

hope that helps some

 

[ecr520]

Paguy...thanks a million for the info. You've been really helpful!!

I was pulled over for this in Monroe County...if you know anything specific to Monroe I'd love to hear!

I guess at this point I just have to sit tight and wait for the mail each day-fine by me I'm just anxious!

 

[paguy88]

sorry I dont know how they do it in Monroe county...

however you will get two letters in the mail. both will be delivered by the US postal service. One they will just drop in your mail box the other will come delivery recipet you will have to sign for it.. you are not home to get it... the post man will leave that card saying where to pick it up from.... and I would suggest getting it.. if you dont it will be send back to the district courst office and they will issue a warrent for your arrest.. SO DONT IGNORE IT!

if you really want to know what the requirments are for ARD in that county.. call the DA office and they will give you the info over the phone.. then you will know exactly what you have to do.

 

[paguy88]

I was reading something that does not make sense from Monroe county please see link below...

say ARD is for nonDUI.. I don't understand why? I though all counties in PA us ARD for DUI as well.. I would contact the DA's office in monroe to see if they do let you into ARD for DUI?? ASAP

did I read this wrong?


http://www.co.monroe.pa.us/judicial/cwp/view.asp?a=1555&q=606203#ARD

 

[ecr520]

I looked at the link you sent and I don't quite understand it either. The weekend after I was pulled over, I spoke to an attorney in Stroudsburg, PA who told me about ARD. So, I think that they'll do ARD for DUIs in Monroe County. At this point, I'm just waiting semi-patiently for the stuff to come in the mail. I think the mailman thinks I'm nuts-just anxious to get this ball rolling. But, I'm the one who messed up, so I'll wait as long as I have to!

Thanks to everyone on here for their advice, I really appreciate it.

 

[needadvice1963]

My advice, learn to be patient. I've been waiting now for almost 8 months , with no definite word on ARD, and mine is a very simple case.