• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

(PA) DUI in late jan, had preliminary today, some questions

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

flyers88

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

Sort of a long read, but would really appreciate your input.

Well, end of january, I got pulled over and DUI (first offense). Cops were side by side posting up behind buildings near my buddies appt complex. They saw me driving fast through a parking lot, and when I was turning on to the main road, I spun my tires a little (let off the clutch too early, and gave it too much gas cause its a little bit of a hill). I was heading to a convenient store with said buddy, and they lit me up as soon as I pulled into the parking lot of the store.

Smelled the alc on me and asked me to do the test. I walked the line fine, but started before he siad to, which was used against me in his report. Stood on one leg fine, and followed the light with my eyes fine. So he breathalized, I blew a .214. Before he did the tests, he asks if he can search my car and I said no. So after he breathalized me, he cuffed me and put me in the cruiser, and said they now had me in custody so they could search. Found a baggie with 4 Ecstacy pills(which weren't mine, was holding for a friend, but in my possession and I forgot about) in the glove compartment. Took me to the hospital for bloodwork. Processed me, then released me. My charges are highest DUI rate, illegal racing, and possession. Fast forward to today...

At the prelim, my lawyer showed me the blood analysis, and no narcotics whatsoever were in my system at that time. Lawyer said the illegal racing charges were dropped, as they should be. That would have been an automatic suspension for 90 days on top of whatever else they decided to **** me with. I waived right for prelim hearing, so my court date in the county is May 17th. My lawyer says I have a good chance of getting the ARD program, despite the drug possession. He said it looks good that nothing besides alc was in my system. Plan is to say that a friend stuck it in the glove comp and left it there. I already set up my safe driving classes, and my community service dates. Just need to set up the CRN evaluation.

Heres my questions: Anyone else on here have similar DUI offense and possession of a substance? If so, What am I looking at in terms of probation for this(again, my first offense, with highest BAC rate). Would I be looking at monthly drug tests? I know I am definately looking at 60 days suspension if ARD is granted, possibly more considering my BAC rate. Do you think I have any chance of them granting me a restricted work lisence? (public trans is not an option, I have a 40 minutes commute to work, and the transit line doesn't go my route. I don't have the funds right now to move closer to my job. Also, my job is temporary, and cannot afford to lose any more days, as this temporary employment is sort of an evaluation period, with it being possible they could bring me on full time at the end of the temp time. So I am banking on this restricted lisence, or I lose my job.

Any feedback is greatly appreciated
 


FlyingRon

Senior Member
There is NO POSSIBLITY of an occupational license while under your ARD-ordered suspension. Further even if you get a conviction (which likely has a year suspension) you are not eligible for the occupational license for the first 90 days.

The DUI probation will not be onerous. You'll do the CRN, etc. It will be over in 60 days.

If they give you the typical years probation with the possession, you'll be drug tested at your first meeting with the probation officer (usually the day of your sentencing). You may be tested subsequently (depends on whether you were clean on the first one). Frankly, I'll give you a hint. Regardless of whether they are going to test you or not STOP BREAKING THE LAW WHILE ON PROBATION.
You're being given a second chance to avoid jail time (and in the case of ARD, having a criminal record).
 

ERAUPIKE

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

Sort of a long read, but would really appreciate your input.
Okay.....

Well, end of january, I got pulled over and DUI (first offense). Cops were side by side posting up behind buildings near my buddies appt complex. They saw me driving fast through a parking lot, and when I was turning on to the main road, I spun my tires a little (let off the clutch too early, and gave it too much gas cause its a little bit of a hill). I was heading to a convenient store with said buddy, and they lit me up as soon as I pulled into the parking lot of the store.
Okay, so you were driving recklessly.

Smelled the alc on me and asked me to do the test. I walked the line fine, but started before he siad to, which was used against me in his report.
You failed to follow his instructions properly, it's part of the test.

Stood on one leg fine, and followed the light with my eyes fine.
Most people think that. The HGNT does not check to see if your eyes can follow a pen correctly, it tests involuntary movement caused by alcohol.

So he breathalized, I blew a .214.
You received the breath test because you failed the preceding tests. You were housed.

Before he did the tests, he asks if he can search my car and I said no.
You have a right to do that.

So after he breathalized me, he cuffed me and put me in the cruiser, and said they now had me in custody so they could search.
True, your car was searched incident to arrest.

Found a baggie with 4 Ecstacy pills(which weren't mine, was holding for a friend, but in my possession and I forgot about) in the glove compartment.
You were charged with possession, not ownership.

Took me to the hospital for bloodwork. Processed me, then released me. My charges are highest DUI rate, illegal racing, and possession. Fast forward to today...
Sounds right.

At the prelim, my lawyer showed me the blood analysis, and no narcotics whatsoever were in my system at that time.
So you were just driving drunk and not on drugs. The only thing you have done correctly so far, you got a lawyer.

Lawyer said the illegal racing charges were dropped, as they should be.
He is doing his job.

That would have been an automatic suspension for 90 days on top of whatever else they decided to **** me with. I waived right for prelim hearing, so my court date in the county is May 17th.
Do you think these charges are anyone's fault but your own? You drove at almost three times the legal limit. You had trouble controlling your speed and your vehicle.

My lawyer says I have a good chance of getting the ARD program, despite the drug possession.
Then listen to him, that is what you are paying him for.

He said it looks good that nothing besides alc was in my system.
If he says so.

Plan is to say that a friend stuck it in the glove comp and left it there.
Again, the charge isn't ownership, it is possession.

I already set up my safe driving classes, and my community service dates. Just need to set up the CRN evaluation.
Good

Heres my questions:
okay

Anyone else on here have similar DUI offense and possession of a substance? If so, What am I looking at in terms of probation for this(again, my first offense, with highest BAC rate).
A driver has the "highest rate of blood alcohol" when the individual�s alcohol concentration is .16 or higher. Those who are convicted of DUI with the highest rate of alcohol face the following penalties:

A first-time offender must undergo a mandatory minimum term of imprisonment of not less than 72 hours; must pay a fine between $1,000 and $5,000; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.

Would I be looking at monthly drug tests?
Most likely, yes.

I know I am definately looking at 60 days suspension if ARD is granted, possibly more considering my BAC rate. Do you think I have any chance of them granting me a restricted work lisence? (public trans is not an option, I have a 40 minutes commute to work, and the transit line doesn't go my route. I don't have the funds right now to move closer to my job. Also, my job is temporary, and cannot afford to lose any more days, as this temporary employment is sort of an evaluation period, with it being possible they could bring me on full time at the end of the temp time. So I am banking on this restricted lisence, or I lose my job.
These are all questions that could be answered by your attorney.
 

flyers88

Junior Member
Just to give you an update... I was accepted into the ARD. My lawyer must have worked some magic cause I didn't have to go to my arraingment, where they take your lisence. He didn't really go into detail about what happened and i didn't wanna ask him to many questions cause he saved my ass. So basically I got highest tier DUI, and didn't even lose my lisence. Just had to do ARD community service, safe driving classes, and CRN evaluation. Unbelievable
 

woodykas

Member
well, check your license status with DMV ASAP. it can be for sure as card on your physical possession, but it easily can be in suspended status.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top