hi, my first offense

[lbg99]

What is the name of your state (only U.S. law)? Pennsylvania

Gosh it seems like there are a lot of PA people on this forum...

Hi. Getting a DUI is the most humiliating, humbling, scary, disappointing but extremely motivating thing that's ever happened to me. I was pulled over about a mile from home for turning right on a red light that was clearly marked: no turn on red. I was given a breath test, next a field sobriety (which I honestly did alright with), then taken in for blood testing. I just had my preliminary hearing yesterday and my blood alcohol turned out to be .14. I can't make up excuses for myself, I was on a date, had some drinks and wanted to get home to let the dog out. I stupidly assumed that I was alright to drive but apparently was not.

I'm 25 years old, no prior anythings, pretty clean driving record. I know that I screwed up and need to own up to my responsibilities. Can anyone give me a heads up as to what will happen next? If you think its worth it for me to contact a lawyer? Both the officer and DA suggested I follow through and apply for an ARD, which I am going to do. My court date is August 15th. I've told my story to a couple of people who seem to think that there may be a loophole because the officer gave me a breath test before he did the field sobriety. Does anyone know if this makes a difference in PA? Probably not but its a shot in the dark.

Thanks much guys.

[FlyingRon]

There's no requirement for the formal FST's before the breath test. If you're going to fight this you're going to need a lawyer (and you should have had one before the preliminary hearing) rather than relying on amateur guesses.

Given the overwhelming indication of your guilt ARD is your best option.

[RatPackLar]

Only he or she can really advise you on what to do or not do.

Always get a lawer, always.

Anything you get from this site, or others of the like, is pure speculation, from total strangers, nothing more, nothing less.

[irish77]

You'll most likely be offered ARD. you have no prior offenses, so the punishments should go like this...

ungraded misdemeanor
12 month license suspension
48 hours to 6 months prison
$500 to $5,000 fine
alcohol highway safety school
treatment when ordered

[foot]

Granted, I went through ARD 5 or 6 years ago (before the new system went into place), but those look like the punishments for DUI without ARD. When I went through it, it was something like this:

Community Service
Highway Safety
Alcohol Classes
2-3 Month License Suspension
Probation
Fines

No Prison Sentence
No Conviction - No Misdemeanor

[irish77]

my bad. thought I read she got into an accident...

Accelerated Rehabilitative Disposition (ARD)
Requires courts to impose suspensions for BAC ARDs based on the following BAC ranges:

Less than .10% - no suspension,
.10% to less than .16 - 30 day suspension, or
.16% and above - 60 day suspension
$500 to $5,000 fine
alcohol highway safety school
treatment when ordered

[irish77]

my sister is going through ARD now and actually said that the classes part can be lessened if you progress quickly through each class. she was a .20. had her license suspended for 60 days. first offense. no accident.

[paguy88]

If you think its worth it for me to contact a lawyer?
AT the premlim,.... the DA and cop said its ok for ARD? if they did dont waist your Bling Bling on a lawyer

Both the officer and DA suggested I follow through and apply for an ARD, which I am going to do. My court date is August 15th.

Go idea to make this go away....


I've told my story to a couple of people who seem to think that there may be a loophole because the officer gave me a breath test before he did the field sobriety. Does anyone know if this makes a difference in PA? Probably not but its a shot in the dark.

Nope... there is no loop hole here.. dont believe everything people tell you...

BTW with a .14 you will lose your DL for only 30days...


bets of luck

[irish77]

10 days until my court date. getting ready and feeling okay.

[paguy88]

Originally Posted by irish77

10 days until my court date. getting ready and feeling okay.

good deal man....

I think this second go around for you will set you stright.. and I hope so...

Things are well on my end thanks for asking.

[irish77]

hell yeah. this pretty much straightens your head out. good to hear.