First&Last offence

[Pitguy74]

What is the name of your state? PA

On October 16th of 04, I was randomly picked at a DUI/DWI checkpoint. I complied fully and was given a road test, breathalyzer and blood work. I was then arrested under the suspicion of DUI. After a few weeks had passed, my blood work was revealed at the preliminary hearing. The blood work was a .16. The officer told the judge that I fully cooperated and that they (the officer and task force) did not want to send me to jail and let a friend come and pick me up. I told the judge that I was guilty. No need for me to be at the preliminary (no sense in fighting it; I was guilty). Now I have my DUI case on the 31st of January. I am VERY worried about sitting in jail for a couple of days. I am also worried about losing my license for a long period of time. My job is unfortunately displacing me to D.C on Feb 1st. My commute is going to be restricted to air travel. Loss of my license is going to be very difficult during this time. I know this sounds crazy, but I am going to ask the judge to give me ARD classes (if this is what I receive) in my local area, not in D.C. I could not have made a more mindless mistake at a worse time. Any thoughts or opinions from any experts or past experiences would be greatly appreciated. This mistake will not be made again and I am grateful that no one was injured or killed. Thanks again!

I think with your attitude, you will make a good impression on everyone concerned and will come out of this okay.

[Pitguy74]

Thank you seniorjudge

[Alchohol_Free]

If it's your first offence you should qualify for whatever PA's form of "diversion" is. "Diversion is basically a way they let you off the hook for a first offense if you abide by the conditions of it. Most states have their own way of doing it, but the concept is the same. I don't know for sure if PA offers it, but it's pretty much a standard.

Here where I'm at , diversion is 12 weeks of alchohol school and a 90 license suspsion. After that, you get your license back and your DUI drops off your record after 1yr, including your driving record.

Just make sure you don't do something stupid like I did, which was get a 2nd DUI 30 days later. Unfortunately, it took 2 DUI's for me to realize how strong of a hold alchohol had on me. The man upstairs must have been watching over. No one was hurt, no wrecks, and noone was riding with me.

Don't worry about 48 hours in jail. You should be able to do it on a weekend. All you do is sleep and eat baloney sandwiches with too much mayonase. Think of it as a vacation. I did 4 48 hour visits. You're good attitude will pay off. I got 2 DUI's in one month and got off with only 8 days of jail. Didn't lose my job. There's an example.

[Pitguy74]

Thank you Alcohol free. Glad to see the ways have changed. I re-read my post and think that I did not make something clear. I guess one of my questions is am I going to sit in jail for any amount of time for my first DUI? I am VERY worried about that. Opinions on jail time for a first offence? The judge may just order this on January 31st.

[Alchohol_Free]

If PA offers a diversion program, I'd be suprized if it involves any jail time. If not, and you get a conviction, you'll serve a mandatory minimum. That could be all jail, home monitoring (ankle ring), community service, work crew or a combination. Usually, the community service, home monitoring, and work crew hours are a whole lot more than jail time. Here where I'm at, a 1st offense is 48 hours jail or a whole lot more hours doing the other options. Frankly, I don't see why anyone would pick anything other than jail.

In your case, if you do have to do jail time or options, the chances should be good that you can do weekends if you choose jail. You keep your job.


Good luck and relax.

[Pitguy74]

OK, I am sitting here, worrying myself to death about what I might face on January 31st. What a mindless thing to do (DUI). God help me that I don't end up on Paxil over this. For the folks that are multi offenders, please get the help where it is needed. For those of you who never received a DUI, don't do it. Not worth all the anguish that I have inflicted on myself. I need a "Chicken Soup for the Idiot that Decides to Drive Under the Influence...Soul". Don't do it kids. NOT WORTH IT!!!!!!

Originally Posted by Pitguy74

...God help me that I don't end up on Paxil over this....

Actually, trading one drug for another is not a real swift idea.

I suggest AA.

[nanaII]

I've done some research, and here is a link to the penalties for a 1st DUI in Pennsylvania (actually, they are pretty lenient!):

[url]http://www.fcpd.com/duipages/new_law_penalties.htm[/url]

[nanaII]

I just re-read your post, and noticed your level.. it's somewhat harsher than what I thought..

[ENASNI]

FIRST OFFENSE (NO PRIOR PA DUI OFFENSES WITHIN THE LAST 10 YEARS)

BAC is .08 to .099. This is an ungraded misdemeanor with a 6 month maximum probation and a $300.00 fine. Required CRN, AHSS and possible D&A. There is no loss of license and no jail time with this particular category.

BAC is .10 to .159. This is an ungraded misdemeanor with a mandatory 48 hour imprisonment up to a possible 6 months and a $500.00 to $5,000.00 fine. Required CRN, AHSS and possible D&A. The license suspension is 12 months. However there is a possibility to get an Occupational Limited License (OLL) after serving a hard 2 month suspension.

BAC is .16 or higher or refusal to give a blood or breath sample. This is ungraded misdemeanor with a mandatory 72 hour imprisonment up to a possible 6 months and a $1,000.00 to $5,000.00 fine. Required CRN, AHSS and mandatory full D&A. The license suspension is 12 months. Also possibility for OLL after serving hard 2 months suspension

OLL = Occupational Limitied License.
The other initials are mandatory school, drug testing and a court reporting network which is an evaluation to see if you may be addicted to alcohol and have to have court mandated classes.

I am afraid it looks like its a mandatory 72 hours jail.

From people I know who have gone through this it feels like the end of the world. I think the humbling feeling is for those who will never do it again. Others I know just flick it off, and then do it again (LOSERS). I think you will get through this, It just feels like some big fat cat is sitting on your chest all the time... as my brother in law said.(not a loser sober 12 years)

[Pitguy74]

Thank you everyone for all the information that has been provided. ENASNI, congrats on 12 years sobor! I have actually stopped smoking over 16 months ago and have been to the gym 4 days a week since. I traded in my cigarettes for a Bally's gym membership and I still come out at the end of the year saving money; Is that not amazing concidering how Bally's takes one for a ride. I am not even a "drinker', but with such a high BAC (.16), I should have never been behind the wheel and feel like a looser already. OK, I am thinking to much again.

" ...I am not even a "drinker'...."

You have a good attitude; but, alas, you need to work on this denial.

Anyone who can even stand up (much less drive) with a .16 BAC is a hard core and quite seasoned drinker.

[ENASNI]

Its my Bro-in-Law thats sober...

I still Inbibe in adult beverages from time to time but I don't drive after. but I do sometimes surf the internet.. Thats how I found this forum... I guess that was a little dangerous.

Please listen to srjudge... That is a lot of drinking. I know you feel like you are in the depths of hell right now, but being in denial is not going to help.

[LdiJ]

Originally Posted by seniorjudge

Anyone who can even stand up (much less drive) with a .16 BAC is a hard core and quite seasoned drinker.

Normally I don't respond much on this board but that statement really bothers me coming from you......because its not true at all. Some idiot who gets drunk for the first time in their life could end up with a .16 BAC.