Foreign student with first offense

[ajgupta]

What is the name of your state? PA

Hi,

I am Male, 22 and on a F1 visa. I got a dui yesterday. I am guilty. My field BAC was .10 and it was .115 in the station. I was released after completing the test and my friend picked me up from the station.
I was pulled over because I had snow dampenining the headlights of my car. (snow had probably melted from the hood.) I think i passed all the tests (which included heel to toe walking in a straight line and pivoting to walk back, count from 84 to 69 and standing on one foot for a count of 30. As i mentioned earlier, i did fail the breath analyzer test. my 2 buddies were escorted back. We were out celebrating cos I just got offered a job. I am a recently graduated foreign student about to embark on my career and I know i will be paying dearly for my actions.

I have a few questions. I spent most of the night looking up information about my predicament.
a) Do i really need to hire a lawyer? It is my first offense, and i believe I cooperated completely with the officers. One of my buddies let some names( of police officers he knew) out, but I apologized for that.
b) What chances of getting the record expunged do I have.? I will be applying for Visas during october and was wondering about my chances.
c) PA laws state mandatory 48 hrs in jail. plus other penalties. Will I get them all?
d) I read abt the ARD option in the forum. I guess it would apply to me. Is that an option that only a lawyer can get me?
e) When do i get all the documents and charges. When does the suspension come into effect?

I would appreciate any advise that I get from this forum. Also, anyone who has any information about the procedures at PA law courts and such through personal experience would be doing me a great favor by talking to me.

Also, what is the total amount of monetary punishment that I can expect to be levied in the ARD.

[HomeGuru]

Originally Posted by ajgupta

What is the name of your state? PA

Hi,

I am Male, 22 and on a F1 visa. I got a dui yesterday. I am guilty. My field BAC was .10 and it was .115 in the station. I was released after completing the test and my friend picked me up from the station.
I was pulled over because I had snow dampenining the headlights of my car. (snow had probably melted from the hood.) I think i passed all the tests (which included heel to toe walking in a straight line and pivoting to walk back, count from 84 to 69 and standing on one foot for a count of 30. As i mentioned earlier, i did fail the breath analyzer test. my 2 buddies were escorted back. We were out celebrating cos I just got offered a job. I am a recently graduated foreign student about to embark on my career and I know i will be paying dearly for my actions.

I have a few questions. I spent most of the night looking up information about my predicament.
a) Do i really need to hire a lawyer? It is my first offense, and i believe I cooperated completely with the officers. One of my buddies let some names( of police officers he knew) out, but I apologized for that.
b) What chances of getting the record expunged do I have.? I will be applying for Visas during october and was wondering about my chances.
c) PA laws state mandatory 48 hrs in jail. plus other penalties. Will I get them all?
d) I read abt the ARD option in the forum. I guess it would apply to me. Is that an option that only a lawyer can get me?
e) When do i get all the documents and charges. When does the suspension come into effect?

I would appreciate any advise that I get from this forum. Also, anyone who has any information about the procedures at PA law courts and such through personal experience would be doing me a great favor by talking to me.

Also, what is the total amount of monetary punishment that I can expect to be levied in the ARD.

**A: since you are not a US citizen and under the age of 25, there would be no fine. Under the provisions of the recent Homeland Security Act, you may be deported back to your home country.

[ajgupta]

[url]http://alcoholism.about.com/b/a/124832.htm[/url]

Homeguru, while I am looking for information about my situation, I have a feeling that your post was a malicious attempt to screw around with me. If tht was not the case, then you really need to get ur facts together...In any case...thanks for nothing.

[Alchohol_Free]

Use a free consultation with an attorney to get the answers to your questions.

If PA's like most other states, you should qualify for what can be called "diversion". This is a program where you can get your license back (after a short mandatory suspension) and usually your DUI doesn't go on your record if you complete the program successfully. You should not need an attorney to get this. At your first DUI hearing, you'll see the Administrative Law Judge. He/she should explain the conditions of diversion (ARD?) and you can make a decision on whether to enter the program or not.

If that's not available and you have to take a conviction, you're in trouble. You could get deported, and it will be virtually impossible for you to get VISA's for a few years.

[DDS_2003]

Originally Posted by HomeGuru

**A: since you are not a US citizen and under the age of 25, there would be no fine. Under the provisions of the recent Homeland Security Act, you may be deported back to your home country.

i suggest getting a lawyer for SURE, pay whatever it costs. money should not be an issue, may whatever u can, and you might be ablt to get off, if the lawyer is good.
you will not be deported. follow the link below to the homeland security page. if they let in people with DUI's, i doubt they are gonna deport you for one especially since the president has one and his VP has 2.

[url]http://help.customs.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=736&p_created=1076513281&p_sid=NriugIwh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZw X2dyaWRzb3J0PSZwX3Jvd19jbnQ9NDQmcF9wcm9kcz0wJnBfY2F0cz0wJnBfcHY9JnBfY3Y9JnBfcGFnZT0xJnBfc2VhcmNoX3Rl eHQ9Y3JpbWluYWwgcmVjb3Jk&p_li=&p_topview=1[/url]

[Bravo8]

I can't comment on the deportation, as I have no idea.

However, you should qualify for the ARD (accelerated rehabilitative disposition) program. It will allow you to avoid jail time, pay some fines and costs, attend counseling, and serve a short driver's license suspension.

The conviction will appear on your criminal record. You can petition the court to have the conviction expunged after completing the terms of the ARD program.

You will need an attorney to accept the ARD program. In exchange for the ARD program, you are waiving your right to a Preliminary Hearing, and the Magistrate will not allow you to waive your rights without being represented by counsel.

[rwithclass]

Dont worry, u wont get deported

Many get DUI's , hire a lawyer.
There are so many who even got their H-1 renewed, just dont lie anywhere

[url]http://www.immigrationportal.com/showthread.php?t=114062[/url]

[Alchohol_Free]

Well, I stand corrected.

Here where I'm at, you can get "ARD" without an attorney being present.