PA DUI - ARD eligible?

[pghrob]

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

I recently was charged with DUI (PA 3802 - A1*) in Allegheny County. I was stopped at a DUI checkpoint. I complied fully, blew a .103 and took a blood test on the scene. Those results are unknown to me. I wasn't even taken into custody. The officer allowed a friend of mine to come and pick me up.

I am considering defending myself vigorously, as I feel I have a case, but I'm not sure it is worth the risk. Whether I was drunk or not, I made a poor decision to even risk it. My questions don't relate to case specifics, but the law itself:

1) I've never been convicted of a DUI, but I do have a 3rd degree misdemeanor conviction for Reckless Endangerment from 1996. It's my understanding that I will be eligible for ARD, and since my charge is 3802-A1, this is general consumption, and will not have my license suspended. However, I talked to the public defender's office today, and they told me I won't be eligible for ARD because of my prior offense. From what I've read, I was under the understanding that I would be eleigible because it's been longer than 10 years and not DUI related. Who is right? (I talked to a clerk who's a law student, not an actual laywer).

2) I am charged with 3802-A1. I've read up and understand there are three levels. (General Consumption .08-.10 - A1), High (.10-.16 - A2), and Very High (.16+ A3). My question is since this is the initial summons, and it says I blew a .103, yet charged with only 3802-A1, does this mean they've chosen to give me the benefit of the doubt, or are they just waiting for the blood tests, and could they possibly raise it to A2? I did notice an asterisk next to the A1 (A1*)

If all I'm facing is A1, and no suspension, I'm thinking ARD may be the wise choice if offered. If not, I have to defend myself because losing my license will cause me to have to drop out of school, and hence lose my job, since I work at school. I have no family or friends in the area that would be able to drive me. So I'd pretty much lose my house too. I know, it's my own fault for putting myself in this situation, but this is what I have to deal with now, I can't take it back.

Thanks for any advice....

[foot]

I've gone through this process in PA, and I was also under the impression that you should be able to enter ARD in your situation. You really should talk to a lawyer. I know it's alot of money but, trust me...it's worth it. As far as getting to work...you're probably looking at a 30 day license suspension with ARD. You couldn't suck it up and find a way to work for a month to keep your house?

[FlyingRon]

ARD eligibility is almost entirely at the discretion of the prosecutor. An older misdemeanor conviction can indeed sour the prosecutor on ARD, but it doesn't hurt to have your lawyer ask usually. Clerks who answer the phone aren't often much better than listening to board members here. You should hire a lawyer.

They can revise the charge any time before the actual trial. However, you may have gotten lucky on the lesser sanctions.

As pointed out ARD or guilty you are going to lose your license.
The only option is to be found not guilty. With chemical evidence to the contrary, it's going to have to be challenged on some procedural technicality (which is going to require some real work on the lawyers part if at all possible).

Public DEfender.

[Yertle8]

If they charge him with the lowest tier AND he gets ARD he probably wouldn't lose his license at all, and I imagine that's what he's hoping for.

If that happens, you are lucky, I blew a 0.108 and am getting second tier.

Was the breathalyzer you took a roadside PBT type? Either way they'll go by the blood results - I wouldn't expect those to be lower and I would be worried about that asterisk. Even if it says you're being charged with one crime, there's no reason why they can't bump it up.

At least consult with a lawyer. If they are giving you tier 2 and you can't deal with losing your license for 30 days you will need a lawyer. You will not beat a breathalyzer/blood test on your own, end of story. A lawyer may be able to get it reduced, or dismissed depending on the details. On your own you will get neither of these.

If I were you, I'd find out which tier they were going to charge me in and get a definitive answer on ARD eligibility and go from there.

[foot]

I could be entirely and completely wrong, but I have a feeling that they charge everyone with the A1 on their summons. It is not amended until the blood test comes back, and you probably will not have those results until your first hearing.

[pghrob]

Thanks all for the replies.

Yes, it was a roadside PBT, at a checkpoint.

The cop did mention he would not object to ARD since I was cooperative, so not sure how much say he has, or if my 12-year-old misdemeanor would change his mind...

A1, which is the current charge, calls for 6 months probation, a fine, but no suspension, based on what I've read. I'm looking to see if that asterisk is there for a reason. Has anyone ever seen this? Is it common to charge A1 and then change based on blood test results?

[paguy88]

Ron where did this happen?

last week on Rt 8 check point?

At any rate if you blew .103... you can expect the blood test to come back higher as it will be sent to the crime lab for testing...

expect the offical charge and order for your prilim in the next 2 -3 weeks... (the cop can stop the ARD.. doubt he would tho.... )

you will then have to go down too the city county building to get fingerprinted/mug shot.

30 day suspension.. for .10-159

probation of 1 year (this county does not give too many 6 month probations)

fine will be 1100=1300 bucks got me on how they figure it out.

best of luck

[pghrob]

It was Scott Township in September. The thing is, I have already received my summons. It states a .103, but charged with only 3802-A1, which is the general consumption, tier 1 charge, so not sure if it's an official charge, or just something they file pending results of test.

[paguy88]

Originally Posted by pghrob

It was Scott Township in September. The thing is, I have already received my summons. It states a .103, but charged with only 3802-A1, which is the general consumption, tier 1 charge, so not sure if it's an official charge, or just something they file pending results of test.

you should have two charges on it correct?

[pghrob]

No, just 1 count of 3802-A1.

[paguy88]

Originally Posted by pghrob

No, just 1 count of 3802-A1.

that is odd...

you always end up with two charges....

one for the dui

and the other with the tier of BAC..

you got me stumped on this one...

when is your prelim?