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second dui

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crazyinpa

Junior Member
What is the name of your state? pennsylvania

My son(college student a's/b's) was arrested for dui-underage last year(his 1st. bad decision) accepted into ard. Lost his license for three months. Following ard steps-community service, reporting to po all while holding a job a school as well.

He made his 2nd bad decision, another dui. I and he knows he has a problem(we are addressing that) don't know what the charges are at this time probably the same as before.

Does anyone know how the court may react?
 


Ohiogal

Queen Bee
Not going to be happy. Loss of license for a lot longer, jail time and fines. No diversion program this time around.
 

needadvice1963

Junior Member
I am curious. If last year was his first conviction, and he was accepted into the ard program, why did he lose his license for 90 days? What was his BAC? I thought ARD you lost your license for 30 or 60 days.
 

FlyingRon

Senior Member
I am curious. If last year was his first conviction, and he was accepted into the ard program, why did he lose his license for 90 days? What was his BAC? I thought ARD you lost your license for 30 or 60 days.
For underage drinkers the suspension under the ARD probation can be set anywhere from 2-6 months.
 

FlyingRon

Senior Member
What is the name of your state? pennsylvania

My son(college student a's/b's) was arrested for dui-underage last year(his 1st. bad decision) accepted into ard. Lost his license for three months. Following ard steps-community service, reporting to po all while holding a job a school as well.

He made his 2nd bad decision, another dui. I and he knows he has a problem(we are addressing that) don't know what the charges are at this time probably the same as before.

Does anyone know how the court may react?
Was he still under his ARD probation when he was arrested the second time? If so, they're mostly likely going to pursue both the original charge and the new one. He's definitely going to lose his license for an extended period and wouldn't be surprised if he doesn't get at least a couple of days in the jail to think it over.
 

crazyinpa

Junior Member
I was probably wrong about the license suspension, it was 30 days related to the ard program. I am not concerned about the loss of license, he can walk to work at school. First thing is getting him help. Was just wondering how the court would react, with jail etc.
 

Will Smith

Junior Member
Since 10yrs has not elasped since his last DUI I believe this will count as his second DUI. Now I have seen nonviolent offenders in the Pa courts get into ARD on their second and even third offence. But under the law it should be treated as his second. This means at least 30days in jail(can be served on weekends), 12 month license suspension, treatment and elevated fines. It may be a good idea to talk to a lawyer or PD for advise.
 

boobio

Junior Member
Well since i'm on here for another thread, I thought I would browse something in my area (as a civilian of course).

Really it just depends on the judge. You do seem like a very concerned parent, and most likely you are a good one. The really bad news is without a very good, very known atty your son might be facing a short stint in jail (again depends on the judge as always), but with a good atty he might be able to convince the local DA your son is a good kid and just made some bad choices. Do not whatever you do take this lightly this is very serious. If in fact he does get his 2nd conviction as a minor it could be very ugly.

Even as an adult a second offense is a mandatory felony (charge at least) in my state which most likely leads to a suspended sentence at best, which means his 3rd if it happens is TOTAL DISASTER... You will get a few people on here tell you "HE'S GOING TO JAIL, GET READY FOR IT ETC"...

I would highly recommend you listed to OhioGal's advise she is one of the few on hear that seem to really want to give advise vs showing there A$$'s.

You will def need to get him in an inpatient type treatment to get this reduced...and that needs to happen ASAP... He's very young and if he does not totally abstain he could have 5 by the time he's 25! That would be prison for sure and you doing second, third mortgage on your house, and then prob loose it. It's prob well worth your dollar to put in him a inpatient treatment center have your atty buy mucho time (easily done), continue treatment with him and try to encourage him that it's either prison, or grave.

Just my 2 cents and my opinion. Don't let some of the trolls on here get you down. OhioGal will tell you as it is, she's helped me on another issue.
 

crazyinpa

Junior Member
He has spoken to his po, she has advised him to keep up all aspects of the present ard steps, i.e. calling once a month, outpatient counseling for alcohol abuse in hopes the court/da won't be too too harsh.
 

NtWrthIt

Junior Member
Why did you say that? OP does seem like a good mother...she has the right priorities regarding her son. :confused:
That wasn't directed at her. I may have read more into the comment but it appeared that the other person was trying to be sarcastic.
 
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