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PA DUI - Was I arrested?

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emptyadoration

Junior Member
What is the name of your state? Pennsylvania

I was pulled over for driving without my headlights on early Tuesday morning. Later I was cuffed and put in the cruiser for DUI after failed one of two field sobriety tests. This is my first offense in any way. I've never even had a speeding ticket. However, I am unclear as to whether or not I was actually arrested and charged. Here's what happened, copy and pasted from another source:


I talked with two of my co-workers who have gotten DUIs. On both accounts, after being taken to the hospital for a blood test, they were taken back to the police station and booked, fingerprinted, and signed formal charges.

None of that ever happened to me. This is what happened as I recall it:

At 12:30 I left the bar with my co-workers after having 3 beers. The bar is located on the same block as my workplace AND the police station. I park directly across from the police station and cut through their parking lot at night to get to my car. I see a lot of the cops there and I usually shoot the **** with them a little. Anyway, I get back to my car and start driving. I went a little less than a mile before I noticed my headlights weren't on. I turned them on, and about five minutes later I got pulled over.

The officer asked me how long I had been driving without my headlights. I answered him with a little less than a mile. He asked me how long it had been since I was drinking. I told him (truthfully), about half an hour. He gave me a breathalyser test and then asked me to step out of the car. He never showed me what I blew. He gave me two field sobriety tests. The first was to step heel-to-toe nine paces, turn and do the same back. I passed. The second was to keep my hands at my side and stand with my one foot off the ground and count one-onethousand to fifteen. At 13, my foot hit the ground and that's when they cuffed me and put me in the back of the car. For the next fifteen minutes they took my information, asked me if I worked at the restaurant I did (even though I had nothing on me that marked me as their employee, so I think they knew me), asked me if someone could pick me up, etc. They searched my car, and then told me I was being taken to the local hospital.

When we got to the hospital, they took me into a room and cuffed me to a bench. They explained that I had the right to refuse the test, but doing so results in an automatic charge of DUI, automatic license suspension, and evidence of 'consciousness of guilt' to be used in court. I let them do the test. After the test they took me outside and uncuffed me, gave me my purse and my phone along with my insurance, license, and registration and left me there. I never signed anything, they never took me to the station, and I was never given any paperwork.

My dad picked me up from the hospital and also never signed anything. So now the question remains. Was I really arrested? Or was I let off easy and scared ****less so I wouldn't do it again?

Thanks everyone for any help.
 


emptyadoration

Junior Member
Thanks for your reply, Curt.

Do you know if it means anything that

A. I was never shown/told the results of my breathalyser, and
B. My car was not impounded, but rather towed to a local gas station where I retrieved it no problem?


Also, I am set to study abroad in January. I know that if charged, I will need to get a lawyer to work on this for me, but what are the chances that I will not be allowed out of the country?
 
Last edited:

emptyadoration

Junior Member
Well I just wanted to update that I received my summons and will be appearing in court in a week or so for my preliminary hearing. I got a lawyer and it seems that I'm a good candidate for ARD, and he has the ability to rush my court dates so that everything is pretty much overwith before I leave the country. I have a couple of questions, however. I will ask my attorney also.

If I am enrolled in ARD, I understand that my license is suspended 30-90 days depending on my BAC (which I do not know yet). Is this suspension and the DUI reported to my insurance company, even though I have not been convicted?

And do alcohol classes need to be completed in order to qualify for ARD, or can you complete them at any time during the duration of the program? My lawyer has told me that they can be completed at any time, but another attorney I spoke with told me they had to be completed before.

I'd like to thank everyone for giving me advice and helping me out. I made a big mistake and now it's time to own up.
 

HomeGuru

Senior Member
Well I just wanted to update that I received my summons and will be appearing in court in a week or so for my preliminary hearing. I got a lawyer and it seems that I'm a good candidate for ARD, and he has the ability to rush my court dates so that everything is pretty much overwith before I leave the country. I have a couple of questions, however. I will ask my attorney also.

If I am enrolled in ARD, I understand that my license is suspended 30-90 days depending on my BAC (which I do not know yet). Is this suspension and the DUI reported to my insurance company, even though I have not been convicted?

And do alcohol classes need to be completed in order to qualify for ARD, or can you complete them at any time during the duration of the program? My lawyer has told me that they can be completed at any time, but another attorney I spoke with told me they had to be completed before.

I'd like to thank everyone for giving me advice and helping me out. I made a big mistake and now it's time to own up.
**A: we appreciate you having admitted your mistake.
 

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