Girlfriend got DUI in PA

[Moon2007]

My girlfriend got her first DUI 2 days ago in PA and from what she has told me, she blew a .20 or something on the hand held breathalyzer and then got a blood test, she got a .20 BAC according to the blood test. She got pulled over because her car is missing a headlight and then towed her car and received it the next day.

The cops arrested her and didn't read her rights or issue a ticket to her, which seems weird to me because VA I received a DUI over a year ago and I was issued citations and all sorts of other paperwork but I know it's PA and it may be different. Also they never issued a field sobriety test, she was respectful, polite and honest to the police officer and didn't refuse to take a blood test or the breathalyzer.

Now, today my girl was getting off of work and knows she isn't supposed to be driving her car and she tried driving home by taking some back roads and she got pulled over again for her headlights and this time the cops towed her car and are turning in her license plate I guess I don't know.

I know she made some really dumb choices, but I have too by getting my DUI a year ago and believe me I learned, VA is a very tough state. But her being in PA what would happen to her? She goes to grad school, she works as a waitress part times, she's a substitute school teacher as well, she's no bum she just made a dumb choice. I don't want to give up on her because she needs me. I'm not paying anything for her financially because I feel like this is her punishment and she needs to take some responsibility but I told her I will give her all the advice she needs and just be there for her because she needs me. I'm a Marine I don't believe in giving up on others or pushing away loved ones. We have a long distance relationship and she stuck by me through my punishment and I need to do the same for her now.

Can someone tell me what should she do? I know she needs a lawyer, but she is really low on cash. Also, what can she expect out of PA as far as punishments go and do you think there could be a plea deal for her? I worked out a plea deal with my case in VA and things worked out for me.

Also, I don't know if the cops were just trying to scare her or what because the arrest seemed it had some flaws in it. Do you think this is at all possible?

Can someone please help me or us out?

[Ohiogal]

Now, today my girl was getting off of work and knows she isn't supposed to be driving her car and she tried driving home by taking some back roads and she got pulled over again for her headlights and this time the cops towed her car and are turning in her license plate I guess I don't know.

She shouldn't expect on driving again for a long time. The impound fees are going to be ridiculous.

I know she made some really dumb choices, but I have too by getting my DUI a year ago and believe me I learned, VA is a very tough state. But her being in PA what would happen to her? She goes to grad school, she works as a waitress part times, she's a substitute school teacher as well, she's no bum she just made a dumb choice.

No. She broke the law twice. And was lucky she didn't kill anyone. She did NOT make A dumb choice. She should look at NOT substitute teaching. What is her major in grad school? She should look at paying high fines and taking the bus.

I don't want to give up on her because she needs me. I'm not paying anything for her financially because I feel like this is her punishment and she needs to take some responsibility but I told her I will give her all the advice she needs and just be there for her because she needs me. I'm a Marine I don't believe in giving up on others or pushing away loved ones. We have a long distance relationship and she stuck by me through my punishment and I need to do the same for her now.

Okay.

Can someone tell me what should she do? I know she needs a lawyer, but she is really low on cash. Also, what can she expect out of PA as far as punishments go and do you think there could be a plea deal for her? I worked out a plea deal with my case in VA and things worked out for me.

She has a HIGH DUI. Her license is gone. What kind of plea deal do you think she deserves? She is going to be without a license, spend some time in jail, pay a lot of fines, some probation -- that is for starters.

Also, I don't know if the cops were just trying to scare her or what because the arrest seemed it had some flaws in it. Do you think this is at all possible?

really? i didn't see ANY flaws in the arrest that will help her.

Can someone please help me or us out?

You don't need the help. SHE needs AA and a dose of reality.

[Moon2007]

Ohiogirl I don't think you know what you the hell you are talking about. People make mistakes and outcomes of cases turn out differently for people depending on the judge you have, the lawyer that you hire, your criminal history, and your background as a person. I was suppose to spend time in jail in VA for my DUI and I just 6 months probation and I had a high BAC of .158 and VA has the worst punishments for these cases.

Now, can someone with some sense please give me some advice? Maybe someone from PA or someone that knows PA laws or someone that has experienced getting a DUI in PA.

[foot]

Why was her car towed after the second incident? For the headlight issue? Or was she DUI again? Her license should still be valid until the outcome of the DUI is decided.

[Country Living]

Originally Posted by Moon2007

Ohiogirl I don't think you know what you the hell you are talking about. People make mistakes and outcomes of cases turn out differently for people depending on the judge you have, the lawyer that you hire, your criminal history, and your background as a person. I was suppose to spend time in jail in VA for my DUI and I just 6 months probation and I had a high BAC of .158 and VA has the worst punishments for these cases.

Now, can someone with some sense please give me some advice? Maybe someone from PA or someone that knows PA laws or someone that has experienced getting a DUI in PA.

Ohiogal is an experienced attorney. She definitely knows "what the hell she is talking about."

The problem is you think a DUI is a social error not a legal issue.

Get off your high horse, quit making excuses, and get a dose of reality. You both have been driving drunk for a long time and you both just happened to get caught one time. Someday you will injure or kill some innocent family. You both need to find a local AA chapter.

If you don't like the message, please ask for a refund on the way out of the forum.

[Moon2007]

Look I'm sorry about the comment this a site about giving people that made mistakes, advice. I've served my time and I've learned my from mistakes I haven't drank sip of alcohol in a year and proud of it. Now, there is some else in need of help what does this girl need to do? FlyinRon, you've helped me out with my issue a year ago and I really respect your thoughts.

foot, the second time she got pulled over was just for the headlight issue, she wasn't drinking at all this time around.

[foot]

Alright, well in PA you usually aren't given any paper work upon release. She can expect a summons to appear in court via mail. It usually takes 3-6 weeks for this to come. If she's never been in trouble before, PA has a program called ARD for first time offenders. You will probably find plenty of info about it on this forum. It involves a 60 day license suspension for her BAC, no jail, classes, outpatient groups, probation, yada yada yada. I'm not positive but I wouldn't think the second incident with the headlight would disqualify her for ARD. If she can prove that she can not afford a lawyer, she should apply to the public defender. She could either be represented by a public defender, or referred to a private attorney at a reduced rate.

[Ohiogal]

the law:

75 Pa CSA 3802 (c) Highest rate of alcohol.--An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is 0.16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

then this:

(2) An individual who violates section 3802(a)(1) where the individual refused testing of blood or breath, or who violates section 3802(c) or (d) and who has no prior offenses commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804.

which states this:

(b) High rate of blood alcohol; minors; commercial vehicles and school buses and school vehicles; accidents.--Except as set forth in subsection (c), an individual who violates section 3802(a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any person or damage to a vehicle or other property or who violates section 3802(b), (e) or (f) shall be sentenced as follows:

(1) For a first offense, to:

(i) undergo imprisonment of not less than 48 consecutive hours;

(ii) pay a fine of not less than $500 nor more than $5,000;

(iii) attend an alcohol highway safety school approved by the department; and

(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

She also will most likely NOT be getting a license to substitute teach in PA due to this. As for grad school, what is her major again?

SHALL is not a word that gives a court CHOICE. No choice. All because girlfriend drinks like a fish:

she got a .20 BAC according to the blood test.

OH and by the way:
The COURT MAY allow her to go through ARD but she will be under the court's jurisdiction for at least six months if not longer. As well as undergoing a full blown drug and alcohol evaluation/assessment. MAY. Also may not.

[fatamerican]

Originally Posted by Moon2007

Now, today my girl was getting off of work and knows she isn't supposed to be driving her car and she tried driving home by taking some back roads and she got pulled over again for her headlights and this time the cops towed her car and are turning in her license plate I guess I don't know

why isn't she supposed to be driving her car? Did PA take her VA DL after the DUI stop? that's unusual. Did VA suspend her driving privilege as a result of the DUI arrest? Or was she not supposed to be driving just because of the headlight being out?

[CdwJava]

Originally Posted by fatamerican

why isn't she supposed to be driving her car? Did PA take her VA DL after the DUI stop? that's unusual. Did VA suspend her driving privilege as a result of the DUI arrest? Or was she not supposed to be driving just because of the headlight being out?

The OP says he is from VA, it doesn't say anywhere that his girlfriend is from the same state as he is from.

It could be that PA automatically suspends a person's driving privilege when arrested for a DUI.

Perhaps she doesn't have a valid driver's license?


- Carl

[paguy88]

Now, today my girl was getting off of work and knows she isn't supposed to be driving her car and she tried driving home by taking some back roads and she got pulled over again for her headlights and this time the cops towed her car and are turning in her license plate I guess I don't know.

There is more to this than you are telling or maybe your girlfriedn isn't tell you 100 % of the truth.

in PA if pulled over and arrested for DUI. The cops do NOT take your DL.


there is more to this story than she is telling you.

[fatamerican]

Originally Posted by paguy88

There is more to this than you are telling or maybe your girlfriedn isn't tell you 100 % of the truth.

in PA if pulled over and arrested for DUI. The cops do NOT take your DL.


there is more to this story than she is telling you.

i agree. She might be holding back on what she's telling you. At any rate, if the 2nd run in was just a ticket & impoundment for the headlight being out that should not interfere with her getting ARD. With her high BAC, part of ARD will require her to undergo both a CRN & D&A assessment. She will probably be ID'd as a "problem drinker" and get assigned to alcohol counseling. Probation will be one year. If she meets all of the requirements of ARD, there will be no conviction - the criminal charge will be dismissed and expunged. If she has a PA DL it will be suspended for 60 days - that's mandatory. The main problem for her will likely be at the professional level. In general, professional boards view ARD & conviction as pretty much the same thing. She should contact an advisor at her graduate school right away (before spending more tuition money) and go from there. She should also hire a criminal attorney experienced with DUI and, if she gets her car back, fix the headlight before driving it. Maybe this will be an eye-opener for her. With a .20, the arresting officer might have been saving her life, or someone else's.

[Antigone*of*Greece]

This woman broke the law not once, but twice. She got caught driving drunk only once, but I will bet dollars to donuts that she has driven that way more than once. Obviously by the OP's comments she was told not to drive and instead ignored that and "took the back roads." She didn't even fix the damned headlight, which again is an obviously lack or respect for the law and the people in her community. She is arrogant and cares only about herself. The arrogant drunk needs an attorney, AA meetings and a whole lot of cash.

You know OP, the fact that this woman is a teacher and supposed to be educated does nothing to support her in a positive manner. This spineless, character-lacking, arrogant woman needs to deal with reality ~ she could have killed someone.

[Country Living]

Originally Posted by Wirelessany1

You know OP, the fact that this woman is a teacher......

And supposed to be a role model for the younger generation.....

[Yertle8]

If her license was suspended at the time of the second incident the first incident wasn't two days ago. My DUI arrest was in mid July, my license was suspended in late January. This was also in PA.

As others have said, if the second incident was simply because of her tail light being out, it shouldn't effect her DUI or chance of getting ARD. If she was driving on a suspended DL, then she'll likely be kicked out of ARD (if she's in it) and be recharged with the original offense as well as the new offense.

Unlike what others have said, she isn't likely to be labeled a 'problem drinker' at her CRN if she only got one DUI at 0.20. She may if she does have a problem, which none of us know, and she may if she was drunk at the second incident. There were plenty of people in my AHSS class who blew over a 0.20 and weren't flagged as a problem that required additional classes/meetings/therapy.