HELP! First arrest EVER for a DUI in PA

[katielady09]

What is the name of your state (only US law)? **PENNSYLVANIA**

Last night/this morning I got pulled over in Nether Providence Township, near Media, PA right near Strath Haven HS. I honestly don't remember exactly what the arresting officer said when he told me why he pulled me over. I'm pretty sure I was speeding, probably driving a little erratically.

He did the whole license/registration deal and then made me get out and do a field sobriety test. He eventually told me I was under arrest for DUI, put me in handcuffs, and gave me a breathalizer test. Made me sign some piece of paper, don't know what exactly it was. Searched my car. Told me he was taking me to Riddle Memorial to get blood drawn. Went to the hospital, they drew my blood. Then took me to the station in Media and I had to give my fingerprints and they took mug shots of me, got all my info.

The officer was actually really nice and I could tell he felt bad. Honestly, I know I shouldn't have been behind the wheel. I never found out what my exact BAC was. I swore I heard him tell another officer in the hallway that the breathalizer was .18 but I could be imagining that. I have absolutely no record whatsoever, I've never even been pulled over, never even received a speeding ticket or other moving violation. I've never been in trouble before with the law.

They towed my car so he gave me a release slip to pick it up. He gave me back my license and everything. Told me I would get something in the mail about a court date(?). Drove me home, told me I would be fine and wouldn't get in trouble because I was pleasant and cooperative.

This is the most humiliating experience ever and I have no idea what I should do. Do I need a lawyer? Do you think I'll get convicted? HELP! What is the name of your state (only U.S. law)?

 

[cyjeff]

What is the name of your state (only US law)? **PENNSYLVANIA**
Do I need a lawyer?

Absolutely.

Do you think I'll get convicted?

That will be up to the judge.

However, the evidence appears against you.

 

[katielady09]

for a first time DUI offense, do you have to go to jail and will your license definitely be suspended?

 

[cyjeff]

from here... PennDOT Driver and Vehicle Services - Act 24

For a first DUI with under a .1, you are looking at an ungraded misdemeanor, up to 6 months probation, $300 fine, alcohol highway safety school and treatment when ordered

For a first DUI with over a .1, you are looking at a 12 month license suspension, 48 hours to 6 months in prison, ungraded misdemeanor, $500 to $5,000 fine, alcohol highway safety school and treatment when ordered.

For a first DUI with over a .16, you are looking at ungraded misdemeanor, 12 month license suspension, 72 hours to 6 months prison, $1,000 to $5,000 fine, alcohol highway safety school and treatment when ordered.

This is why you NEED an attorney to try and talk the court down to the very lowest you can go in terms of BAC.

 

[paguy88]

Poster you said you have no criminal record.

PA has a diverionary program that is called ARD.

in short what it is...

you will take a evaluation..

get atleast 12.5 or classes. maybe more depending on your evaluation.

pay a fine from 1100-1300 bucks

get a 30-60 day license suspension.

be on probation from 6 months to 1 year

and if you do everything they ask...

your criminal will be expunged.

You will find out what the blood test result are at the priliminary Hearing. That is what the paper work is the cop talked about. to command you to go to this hearing.

You will have to do to the local district Magistrate in anywhere from 2-4 weeks from the arrest date for this hearing.

at this hearing your lawyer if you get one will ask the cop and DA if you can do the ard program. with no criminal history you will have a real good shot at getting into the ARD program. at this point you will wave the hearing and leave. More often than not you will be relaced with no bail due. your next step will be Arrignment that is a paper work process and ARD interview this could be months down the road. I would suggest googling ARD for details.


anyway.. expect this to be a SLOW process... you will live thru it. and move on. expect that packet commanding you to go to court in the next few weeks.

good news is ARD is a option that will avoid a criminal convition and get you a full expungement. bad part is this process moves very slow in PA.

 

[Taper420]

I just went through nearly the same process in PA. First DUI, no prior record. I was pulled over and blew a .108 on October 3rd. On November 4th I had my preliminary hearing where it was agreed that I could have ARD. On January 20th I was given a CRN to determine the severity of my drinking problem. On March 11th I went to "court" for formal placement into the program and given 6 months probation and a 30 day license suspension in PA.

Only difference is that I live in VA and have a VA license so they didn't physically take my license, only suspended my privilege to drive in PA for 30 days. I have yet to find out if VA will do the same. They agreed to let me take my classes in VA.

You'll be fine and you will get through this. Some jumping through hoops, paying lots of money and making trips to the courthouse. Take a deep breath, relax, learn from your mistake and do what needs to be done to be successful.

 

[cyjeff]

I just went through nearly the same process in PA. First DUI, no prior record. I was pulled over and blew a .108 on October 3rd. On November 4th I had my preliminary hearing where it was agreed that I could have ARD. On January 20th I was given a CRN to determine the severity of my drinking problem. On March 11th I went to "court" for formal placement into the program and given 6 months probation and a 30 day license suspension in PA.

Only difference is that I live in VA and have a VA license so they didn't physically take my license, only suspended my privilege to drive in PA for 30 days. I have yet to find out if VA will do the same. They agreed to let me take my classes in VA.

You'll be fine and you will get through this. Some jumping through hoops, paying lots of money and making trips to the courthouse. Take a deep breath, relax, learn from your mistake and do what needs to be done to be successful.

If your license is suspended in one state, all of the other states will, typically, honor that suspension.

 

[katielady09]

thank you all sooooo much for your responses, i have been freaking out all day thinking i'm going to go to jail. i'm definitely calling a lawyer in the morning.

taper420, if you don't mind my asking, how much $$ has your situation cost you thus far? i'm a college student and i'm stressing about what this is going to cost me in legal fees and all.

also, when they take a blood sample to determine your BAC, do they also automatically test for other substances present in your blood, such as marijuana?

 

[foot]

I went through this as well. I can't tell you whether or not they will test for drugs, I'm not sure if they only look for those if there is reason to suspect you had been using. But if you have used in the past 30 days, it is very likely that they will be detected. Even so, that would not be a HUGE deal. That would just mean that you will be charged in the third tier, which means if you are accepted into ARD, you will lose your license for 60 days instead of 30. That is the main difference drugs would make. Anyway...you won't go to jail, so try to relax. You'll have to jump through hoops and put up with all the classes and probation and such for 6 months. Losing your license is not pleasant, but this will be over before you know it. Just don't mess up again and get caught in the system. I can recommend a lawyer in Media who won't charge an arm and a leg if you're interested. ARD is a pretty straight forward process. I would expect to spend around 4,000-5,000 when all is said and done. Good luck and learn your lesson!

 

[paguy88]

I would expect to spend around 4,000-5,000 when all is said and done. Good luck and learn your lesson!

yep this sounds about right with the cost of the lawyer if you get one and the fines and costs of classes ect.

 

[paguy88]

also, when they take a blood sample to determine your BAC, do they also automatically test for other substances present in your blood, such as marijuana?

yes they do.

you can expect if you have marijuana in your blood for them to send you to more classes than the standard 12.5 hr class.

 

[dui-guy-pa]

Here is the deal

In PA, you are likely eligible for ARD (a first time offender program) so long as you meet your county's requirements for their version of the ARD program. Your county is likely Delaware County, given the area you described.

Delaware County does not have much info about its ARD program on its website. You might look here: for some info on how ARD works generally in PA: ARD and DUI - overview - YorkDUI.com - York, PA - DUI Lawyer - Attorney Joseph N. Gothie, Esq. - (717) 848-8455, Driving under the influence lawyer (it has a link discussing ARD eligibility according to the state restrictions -- no accident involving injury, no passengers under teh age of 14, etc. -- but there are county-by-county restrictions and rules variations).

I would call someone on the PaCDL (Pennsylvania Association of Criminal Defense Lawyers) list:

PACDL | Find A Lawyer

You'll have better luck with one of those folks than you would with the phone book.

Ask for a free consultation. Ask for a flat fee. Shop around a bit. If someone tells you it will be more than 2,000 to represent you in an ARD case, you should probably keep looking. Even that is high (for parts of PA) but in one of the collar counties (near Phila) it is likely not outrageous.

You need to get a CRN evaluation. If your BAC is over .16, you will likely also need a comprehensive drug and alcohol evaluation (D&A eval). If the D&A eval says you need treatment, you'll need to do the drug and alcohol treatment. Most folks have to do outpatient. Your health insurance (if you have it) would likely cover the D&A eval and treatment.

You will be required to do a victim impact panel through MADD and you will need to do DUI classes. You will also have court costs to pay. Delco may have a community service requirement as well.

If you complete your ARD requirements, you will be entitled to have your record expunged. The "lookback" date for your DUI offense will start on the day you are admitted to ARD, not the date of the offense. Another offense in 10 years will count as a second, even if you get ARD and even if your record is expunged. The law used to be 7 years for the lookback, so don't even count on the 10 years, by the way. That can change.

I would expect your ARD fees for the court/county (exclusive of attorney's fees) to run about $2,000.00. Costs for treatment vary, especially if you do not have health insurance.

The paper you signed was likely the current version of the O'Connell warnings, which is the PennDOT (and recently PA Commonwealth Court approved) version of the implied consent warning, which tells you that if you refuse chemical testing, that you lose your license for a year apart from the DUI penalty.

You generally will not be tested for controlled substances if you are not arrested with drugs and/or paraphernalia. They usually just check for alcohol.

Yes, you should probably get a lawyer. If you get into ARD with a tier 3 offense (BAC of .16 or higher), you license would only be suspended for 60 days vs. 1 year if you do not get into ARD. The chance that you'd screw up the ARD process on your own is reasonably high.

Your attorney should be prepared to answer a variety of questions:

1. How many ARD cases have you handled in the last year?

2. How do you help your clients get through ARD better than they can do it on their own?

3. What steps should I be taking now, other than waiting for court dates and writing you a check?

4. Can I start on my CRN and D&A & AHSS (Alcohol Highway Safety School) and my other ARD requirements now?

5. Will I get notices in advance of my court appearances and a timeline telling me what I should be doing starting today to make this process as streamlined and painless as possible?

Hope that helps.

What is the name of your state (only US law)? **PENNSYLVANIA**

Last night/this morning I got pulled over in Nether Providence Township, near Media, PA right near Strath Haven HS. I honestly don't remember exactly what the arresting officer said when he told me why he pulled me over. I'm pretty sure I was speeding, probably driving a little erratically.

He did the whole license/registration deal and then made me get out and do a field sobriety test. He eventually told me I was under arrest for DUI, put me in handcuffs, and gave me a breathalizer test. Made me sign some piece of paper, don't know what exactly it was. Searched my car. Told me he was taking me to Riddle Memorial to get blood drawn. Went to the hospital, they drew my blood. Then took me to the station in Media and I had to give my fingerprints and they took mug shots of me, got all my info.

The officer was actually really nice and I could tell he felt bad. Honestly, I know I shouldn't have been behind the wheel. I never found out what my exact BAC was. I swore I heard him tell another officer in the hallway that the breathalizer was .18 but I could be imagining that. I have absolutely no record whatsoever, I've never even been pulled over, never even received a speeding ticket or other moving violation. I've never been in trouble before with the law.

They towed my car so he gave me a release slip to pick it up. He gave me back my license and everything. Told me I would get something in the mail about a court date(?). Drove me home, told me I would be fine and wouldn't get in trouble because I was pleasant and cooperative.

This is the most humiliating experience ever and I have no idea what I should do. Do I need a lawyer? Do you think I'll get convicted? HELP! What is the name of your state (only U.S. law)?

 

[Taper420]

thank you all sooooo much for your responses, i have been freaking out all day thinking i'm going to go to jail. i'm definitely calling a lawyer in the morning.

taper420, if you don't mind my asking, how much $$ has your situation cost you thus far? i'm a college student and i'm stressing about what this is going to cost me in legal fees and all.

also, when they take a blood sample to determine your BAC, do they also automatically test for other substances present in your blood, such as marijuana?

I fell into the middle tear and I paid $450 for my attorney (very reasonable), $50 for the CRN, $500 upfront before court and another $795 in fees/costs/etc after the trial, which can be made in 5 equal monthly payments, at least in my county. I'm not sure if the classes are included in that or not, so there may be more.

If your license is suspended in one state, all of the other states will, typically, honor that suspension.

I spent a total of four hours on the phone between VA and PA DMVs. Here's what I got:

PA says I can't drive in PA for 30 days. They said they will not explicitly notify the VA DMV of the suspension but I will be placed on the National Driver Registry for the duration of the suspension.

VA says once they find out, they'll suspend me for a year and I'll be able to get an occupational license. The lady also said to call her back to make sure it gets put on my record so they can suspend it.

Yep, I'll be calling her back right away

 

[BigMistakeFl]

I fell into the middle tear

I had a tear in my beer once.