Awaiting my court date...

[Anonymous818]

I live in Pennsylvania. I got my first dui in 2012. I had my license suspended for 60 days, paid my fines, took classes and was granted ard so it was taken off my record.

Two weeks ago I was driving home from the bar, and was stupidly looking at my phone. With my eyes off the road, my wheel slightly turned left and my driver side hit a parked car on the left side of the road.

Of course I "failed" the field sobriety tests because once the cop decides they are going to arrest you, there is no chance to pass. I walked a straight line with my hands at my side and without wobbling. I stood on one foot for 30 seconds without putting my other foot down. I was arrested and taken for a blood test and then driven home by the cop.

The cop called yesterday and told me my bac was above the limit and I was being charged for a dui.

I know I will lose my license for probably a year and pay a huge fine. Getting to work will be tough without a car but I can manage it. But the thing I am most worried about is going to jail. If I do, I will lose my job. I know I've made bad decisions and last time my whole life turned upside down. I am just hoping that I won't lose my job over this. I don't know what I would do.

Does anyone have any experience with this to know whether I will be sentenced to jail? Or if there's any way to bargain to get heavier fines/more community service to make up for the jail time? I will do anything they want me to as long as I don't get incarcerated.

 

[FlyingRon]

You need an attorney.

Since you caused an accident, even with a lower BAC you will be subject to at least 30 days in jail. Even if you got the general DUI, it would be five days.
This won't be the party your first DUI and ARD was. They gave you a massive break the first time around. No you do not get to trade money for jail time. An attorney can look at challenging aspects of this and perhaps work out a plea, you have ZERO chance by yourself I predict.

I'd lose the attitude in Court about the cops. You hit a parked car. You exceeded the per se limit. There's quite likely plenty of justification in the officer's observations on the FST. Had you not violated the per se limits, your attorney could have possibly challenged some of the subjective aspects of the FST.

 

[CdwJava]

I live in Pennsylvania. I got my first dui in 2012. I had my license suspended for 60 days, paid my fines, took classes and was granted ard so it was taken off my record.

Two weeks ago I was driving home from the bar, and was stupidly looking at my phone. With my eyes off the road, my wheel slightly turned left and my driver side hit a parked car on the left side of the road.

Oops!

Of course I "failed" the field sobriety tests because once the cop decides they are going to arrest you, there is no chance to pass.

That's not true at all. I suspect you "failed" because the observations and evaluation caused the officer to determine you were impaired.

I walked a straight line with my hands at my side and without wobbling.

Of course, walking the line STRAIGHT with your hands at your side is not the only "clue" the officer is looking for in that test. Nor is it the ONLY test in the SFST battery.

I stood on one foot for 30 seconds without putting my other foot down. I was arrested and taken for a blood test and then driven home by the cop.

And, what BAC do you suspect will come from the blood test? How much did you have to drink over what period of time?

The cop called yesterday and told me my bac was above the limit and I was being charged for a dui.

That's not good. So, apparently you WERE impaired and not railroaded as you implied above.

I know I will lose my license for probably a year and pay a huge fine. Getting to work will be tough without a car but I can manage it.

That's a positive attitude. I wish more people would have that instead of proclaiming the world was ending if they could not drive for a while. That will serve you well both in the upcoming court case and any post-sentence counseling, classes, etc. you might be required to take.

But the thing I am most worried about is going to jail. If I do, I will lose my job. I know I've made bad decisions and last time my whole life turned upside down. I am just hoping that I won't lose my job over this. I don't know what I would do.

Consult with an attorney. I do not know PA's laws on this, but, it is possible that deferral will be an option and jail may not be required. Perhaps weekends or days off for any mandatory days (maybe a couple) is a possibility so as to avoid losing your job. Unless your BAC is really high, say, .15+, you may be permitted some options available to offenders that will minimize the penalties. This is why working with an attorney here is a must! As a repeat offender, though, deferral options may be limited.

Good luck. And, be careful next time! Don't go out to drink unless you have a safe ride home without you doing the driving.

 

[FlyingRon]

He already had a deferral, CDW. That's what the ARD was. For a slap on the wrist and 60 days suspension, he avoided getting a criminal record. Fortunately, they'll count this one as a second offense even though the first one was deferred. The penalties are as I stated them. 5 days MINIMUM in jail for general DUI, 30 days for either >= .10 BAC or an accident or injuries opens him to a 30 day minimum.

 

[Anonymous818]

I know the laws of PA state that the minimum is 5 days and possibly 30 days in jail, however the reason I'm asking is because I know someone who had his third DUI along with marijuana possession, and only spent 2 days in jail. So that's why I'm just hoping that I don't get more jail time then that for doing less.

Yes I've committed a crime, but I'm not a criminal. I just can't seem to make good decisions when drinking.

And my attitude towards the cops will not present itself in the courtroom. I would never actually disobey or mock a cop, no matter how much I don't agree with most of what they do.

 

[quincy]

... Yes I've committed a crime, but I'm not a criminal ...

From Black's Law Dictionary:

Criminal, n. One who has committed a criminal offense; one who has been legally convicted of a crime; one adjudged guilty of crime.

 

[Just Blue]

I just can't seem to make good decisions when drinking.

.

Perhaps you should not drink.

 

[FlyingRon]

There's sometimes some creativity with how the days are counted (like sometimes you get a credit for the first night you were locked up on your arrest even if it was only a few hours). House arrest is also an option perhaps if you are actually employed. Electronic monitoring will be required. Suffice it to say if you are authorized for this, your employer will be told of your status.

 

[Anonymous818]

Yes I know the definition of a criminal, I didn't mean it literally.

And yes. I also know there is an issue with drinking now that it's happened twice. However, (this is not an excuse just an unfortunate truth), in my town there is no where safe to park at the bars. It is metered parking and if you leave your car there overnight you would get towed. Obviously in hindsight I wish I would have let my car get towed, but in the moment all I could think is "I have to get home and I can't leave my car here".

Just one regret after another...

 

[CdwJava]

I know the laws of PA state that the minimum is 5 days and possibly 30 days in jail, however the reason I'm asking is because I know someone who had his third DUI along with marijuana possession, and only spent 2 days in jail. So that's why I'm just hoping that I don't get more jail time then that for doing less.

That is why you need the assistance of an attorney. There MAY be options available to you ... there may not be. But, trying to find them yourself can be difficult, at best.

Yes I've committed a crime, but I'm not a criminal. I just can't seem to make good decisions when drinking.

Well, by definition that makes you a criminal. A minor one, perhaps, but still a criminal .. and one that puts a great many lives at risk when you break the law.

If you make poor decisions when you drink, the best decision would be not to drink! I'll let you know that I was one of those folks that made poor decisions when I drank, so that's why 25 years, 13 months and some 28 days ago I had my last drink of alcohol. The answer - if you truly want to hear it - is not to drink at all.

And my attitude towards the cops will not present itself in the courtroom. I would never actually disobey or mock a cop, no matter how much I don't agree with most of what they do.

I doubt that they did anything other than their job in this instance. But, if they were unprofessional, rude, or obnoxious, you are free to complain about their behavior. But, you WERE impaired, and they did their job by identifying and arresting you.

 

[CdwJava]

Yes I know the definition of a criminal, I didn't mean it literally.

And yes. I also know there is an issue with drinking now that it's happened twice. However, (this is not an excuse just an unfortunate truth), in my town there is no where safe to park at the bars. It is metered parking and if you leave your car there overnight you would get towed. Obviously in hindsight I wish I would have let my car get towed, but in the moment all I could think is "I have to get home and I can't leave my car here".

Just one regret after another...

Just one more reason not to drink. Or, at the very least, take a cab or sober drive to and from the bar!

As for the part about it happening only "twice," let's face it - you have only been busted twice, you HAVE driven impaired many more times than that, haven't you?

 

[not2cleverRed]

Yes I know the definition of a criminal, I didn't mean it literally.

And yes. I also know there is an issue with drinking now that it's happened twice. However, (this is not an excuse just an unfortunate truth), in my town there is no where safe to park at the bars. It is metered parking and if you leave your car there overnight you would get towed. Obviously in hindsight I wish I would have let my car get towed, but in the moment all I could think is "I have to get home and I can't leave my car here".

Just one regret after another...

Sounds an awful lot like an excuse.

There are 2 rules to follow about drinking and driving.
(1) If you plan of driving, don't drink, and
(2) If you plan on drinking, don't drive.

The fact that you CANNOT grasp this *is* your problem. What you *should* have thought is, "I have to get home and I can't drink and drive" before you lifted the first ounce of alcohol to your lips.

It is NOT that you make bad decisions when you drink - it is that you deciding to drink was a bad decision.