Underage DUI in pennsylvania

What is the name of your state? Pennsylvania

Ok, i was driving and parked at my destination. However, i missed a stop sign and that is why the police officer pulled me over. He then asked for license and everything and then asked how much i had to drinke. I said nothing at first and then he said breathe doesnt lie. I then submitted to a breathalyzer and was not show what i blew. However, i was handcuffed after being told i had a few minutes to call some friends to come and pick me up in an hour or so. Then i was placed in the car without additional sobriety tests. I also only blew into the protable machine once and that was it. When i arrived at the station, they sat me down for several minutes and then i took the test again. Twice this time, where i blew .094 and .092 respectively. After sitting for another hour or so, the police officer read me the miranda rights. Then after the questions were over, he asked if i felt intoxicated. I said no. SO her told me to do more sobriety tests like walking the line which i believe i passed as well as standing on one leg and counting. Also he made me follow a stick with a red cap on the end of it. However he did move it out of my field of vision several times. This is all on video tape and i believe i remember sayng something about you guys got me in the tape. I do not however remember the context of the question.

Am i lookin at jail time or can i enroll in the ARD program and are there any chances of me finding faults in their procedures?

Thanks,
S

Ok, I'm also 20 years old and i was given my license back before i left the place. I was only given my breathalyzer numbers on a sheet of paper along with a yellow slip of papaer showing that i got all my belongings back. They also said that i would be receiving information in the mail about a court hearing and stuff...Was i actually arrested? I have hear people say that they are supposed to take my license away when they first take the initial breathalyzer sample. What's goin on and what should be my next course of action. This happened yesterday around 7:00PM EST

[Bravo8]

Yes, you were arrested.

Pennsylvania law permits "catch and release" in some instances. In other words, if you are arrested for a crime, the police can release you without arraigning you provided you meet certain criteria. For a DUI, it is common to release the offender to a responsible person.

Your driver's license will become suspended whether you enter the ARD program or not, however the length of the suspension period will be reduced for ARD. The police do not take your driver's license at the time of the arrest (provided it was valid at the time), the sentencing judge will sieze your driver's license when you are sentenced.

Field sobriety tests are not required, but do help to establish additional probable cause to believe you were DUI. It's less of an issue with underage DUIs because the legal BAC is 0.02%. The PBT (preliminary breath test) they administered at the scene is not admissable as evidence, but is usable as probable cause.

I see no fault with the procedures performed by the officers.

What will happen next is that the police will file the appropriate charges with the local District Justice. The DJ will issue and mail you a summons to appear for a Preliminary Hearing. You will need an attorney, so you might as well get one now. If you would rather use a Public Defender, an application will be included with the summons you receive. Be sure to fill it out immediately and submit it ASAP, to insure that the Public Defender's Office is aware of your case before they arrive at your hearing.

At the Preliminary Hearing, you have the right to a hearing or can work out a plea. Depending on your criminal history, you may or may not qualify for ARD. Other things (the status of your driver's license, car insurance, registration, demeanor, etc) are considered when deciding whether you qualify for ARD, but they vary from county to county.

Again, my suggestion would be to contact an attorney immediately, or submit your public defender application as soon as possible.

I have no criminal background and was talking to an attorney friend of mine in my own county. He said i would qualify for ARD if i was in my own county and that he would represent me. However, since it about two hours away from where we live, he said the be st bet would be a public defender. My main concern is that i really don't want the consciousness of knowing that i was in jail and am concerned most about that. Also, since i was .092, how much may this affect my sentencing in order of suspension, fines, possible jail time, etc.

Thank you for your response so far....
S

[Bravo8]

Being arrested does not equate jail. You were in police custody, under arrest, but unless they actually put you in a cell or in the county correctional facility, it's not really jail.

You were likely charged under 3802(e), which is the section for underage DUI. It carries a penalty of 48 hours to 6 months, however ARD will prevent any jail time.

Bravo, thank you so much for your information. Much better than the one guy that constantly harasses everyone. I know i messed up. I have been physically sick just thinking about what could have happened if i got in an accident. I don't even plan on reapplying for my license after the dui is over. I also don't even plan on drinking again for a long long time. Most people say i will revert back to my ways because im a college student. But no, i had the opportunity the past few days to drink and i turned them down even though it killed me to. But now that i know i can, i can focus on my studies much more and am already making the improvements i didnt think i could. It stinks, but at the same time, is good that the judge doesn't take into account the true "sorrowfulness" of the perpetrator - being me - about what they did and doesn't take their word for it. I am an honorable person, when i say something, i mean it. I just messed up really bad and i know it. I accept whatever consequences come my way as my responsiblility for my actions.

S