PA DWI. - first offense, blew a .17 @ checkpoint

[Tenfiveton]

The other night I got lost going home and wound up going through a checkpoint. I blew .17 and it was my first offense. I'm a worrier by nature and not knowing the outcome is killing me. I have had a few citations, disorderly conduct, in the past, as Recently as 2007, but I check the PA docket site and found none of these on file for the county. I also have a street racing charge from 2005... Almost 7 years ago.

Im concerned I won't be able to get ARD because of this. Does anyone have any idea if this combination will prevent me from doing ARD?

 

[FlyingRon]

ARD is pretty discretionary on the prosecutors part.
You need a lawyer. With a high BAC and a bad driving record it needs to be handled delicately.

 

[!CuriousGeorge!]

You may wish to stop drinking all together. Sounds like most of your problems arise from such.

 

[Tenfiveton]

I agree. I really hope that there is a net positive thatcomes out of all this... Eventually.

 

[startedone]

Checkpoint? Are we living in Russia now???!!! Anytime I see one, I just turn around & find a different route. I will not be subjected to 30 minutes of delay by questions by the government without cause. I would not answer any of their questions anyway .. I'm sure that gets them all hopped-up. Like they're the king of me.

 

[CdwJava]

Checkpoint? Are we living in Russia now???!!! Anytime I see one, I just turn around & find a different route. I will not be subjected to 30 minutes of delay by questions by the government without cause. I would not answer any of their questions anyway .. I'm sure that gets them all hopped-up. Like they're the king of me.

I'm sure they wouldn't care ... after all, you avoided the checkpoint so how would they know you did and get all "hopped-up?"

Though, be sure to make a LEGAL turn when avoiding these checkpoints. They just might have a car stationed down the road where they have the warning signs posted to watch and see if any people make unlawful turns to try and avoid the checkpoint.

 

[netfocus]

This post is a good example of why you shouldn't blow if your hammered, I think the penalties from the judge seeing that .17 will be higher than refusing to blow - although thats just a layman's personal opinion.

And I'm definitely not condoning driving in that shape either! But if it came down to it thats my 2 cents.

 

[Tenfiveton]

If you live in Idaho, Iowa, Michigan, Minnesota, Oregon, Rhode Island, Texas, Washington, Wisconsin, or Wyoming then you have no worry about checkpoints because they have been banned.

However, to refuse a sobriety Test is grounds for automatic 18 mos driving suspension and will likely result in DUI anyway. at least in PA

 

[FlyingRon]

This post is a good example of why you shouldn't blow if your hammered, I think the penalties from the judge seeing that .17 will be higher than refusing to blow - although thats just a layman's personal opinion.

And I'm definitely not condoning driving in that shape either! But if it came down to it thats my 2 cents.

Not necessarily. The failure to submit to a chemical test will most likely end up in a longer suspension without the chance of an occupational license and require an interlock when reinstated. If he's lucky he'll get 60 days suspension under ARD and no criminal record and no interlock when he gets back behind the wheel.