DUI 1st offence PA DC licence no priors no minors no injuries or property damage Thank God

[Confussedone]

What is the name of your state?DC

Got stopped in PA Allegany County have DC licence no tickets etc prior took my blood and they released me no bail.. Got 1st court appearance April 24th I am reading so much about ARD program etc as offence happened in PA so I reside in DC have governent clearance too I do not drive for a living but nice to have access as I have some issues healthwise now .

How long will this process take from A to Z so too speak I am tired worred and its eating me up with guilt .I think I may not loose DC licence from what I am reading but will not be allowed to drive in PA so I will not as I have no reason to be there I had cancer so was a rough time etc no excuse I know but I can not undo whats done

Advice welcome cannot afford expensive lawyers ..dont know BAC yet ..I know there are stiffer peanalties etc so confussed about it all.

REgards
J in DC

 

[NeilTheCop]

Taking blood is performed at a hospital by a trained phlebotomist, not by the police, and only if the results of a field sobriety test or breath test were inconclusive, or if you were in an accident.
Are we getting the full story?

 

[FlyingRon]

I don't know what you mean by "expensive" lawyers, but with your livelihood involved, a reasonably priced one would be advisable.

If ARD is offered, you might do well. You may not even end up with a license suspension outside of PA.

Did you voluntarily give the blood? I'll take slight issue with Neil's statement. While it's less common for PA authorities to draw blood rather than using the Intoxillizer, it's not unheard of. Can't vouch for Allegheny county, but it's not uncommon for cops to round up a bunch of dui suspects and haul them over to the local hospital in State College.

 

[NeilTheCop]

I don't know what you mean by "expensive" lawyers, but with your livelihood involved, a reasonably priced one would be advisable.

If ARD is offered, you might do well. You may not even end up with a license suspension outside of PA.

Did you voluntarily give the blood? I'll take slight issue with Neil's statement. While it's less common for PA authorities to draw blood rather than using the Intoxillizer, it's not unheard of. Can't vouch for Allegheny county, but it's not uncommon for cops to round up a bunch of dui suspects and haul them over to the local hospital in State College.

DC and PA, like NM has the implied consent law. When you get a drivers license part of the deal is that you have already given your consent to submit to a chemical test for alcohol.
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.015.047.000..HTM

 

[FlyingRon]

I understand that Neil, I was inquiring whether he gave so voluntarily or if he made them obtain a warrant to get the blood draw. The PA (as well as the US) courts have held that even notwithstanding the implied consent, they still need a warrant against an unwilling subject.

 

[NeilTheCop]

I understand that Neil, I was inquiring whether he gave so voluntarily or if he made them obtain a warrant to get the blood draw. The PA (as well as the US) courts have held that even notwithstanding the implied consent, they still need a warrant against an unwilling subject.

I know only too well. It seems every DUI I attended was at night and finding a cognizant ADA to sign off on the warrant was tough even in the day, but at night!. Then you have to find a judge who will answer his phone at 3 am. Absolute nightmare.

 

[RJR]

DC and PA, like NM has the implied consent law. When you get a drivers license part of the deal is that you have already given your consent to submit to a chemical test for alcohol.
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.015.047.000..HTM

DC's states you have to be under arrest first, as I read it.


§ 50–1904.02. Chemical testing after arrest.
(a) Except as provided in subsection (b) of this section, when a law enforcement officer has reasonable grounds to believe that a person was operating or in physical control of a motor vehicle within the District while intoxicated or while the person’s ability to operate a motor vehicle is impaired by the consumption of alcohol or a drug or a combination thereof, after arrest of the person, the person shall:

BUT:


§ 50–1904.01. Preliminary breath test.
(a) When a law enforcement officer has reasonable grounds to believe that a person was operating or in physical control of a vehicle within the District while intoxicated or while the person’s ability to operate a vehicle is impaired by the consumption of alcohol or a drug or a combination thereof, the law enforcement officer may, without making an arrest or issuing a violation notice, request that the person submit to a preliminary breath test, to be administered by the law enforcement officer, who shall use a device which the Mayor has approved by rule for that purpose.

 

[not2cleverRed]

DC's states you have to be under arrest first, as I read it.


§ 50–1904.02. Chemical testing after arrest.
(a) Except as provided in subsection (b) of this section, when a law enforcement officer has reasonable grounds to believe that a person was operating or in physical control of a motor vehicle within the District while intoxicated or while the person’s ability to operate a motor vehicle is impaired by the consumption of alcohol or a drug or a combination thereof, after arrest of the person, the person shall:

BUT:


§ 50–1904.01. Preliminary breath test.
(a) When a law enforcement officer has reasonable grounds to believe that a person was operating or in physical control of a vehicle within the District while intoxicated or while the person’s ability to operate a vehicle is impaired by the consumption of alcohol or a drug or a combination thereof, the law enforcement officer may, without making an arrest or issuing a violation notice, request that the person submit to a preliminary breath test, to be administered by the law enforcement officer, who shall use a device which the Mayor has approved by rule for that purpose.

Since the incident occurred in PA, this is not relevant.

The consequences in court will be based on PA law.

 

[RJR]

Neil mentioned it first, so tell him too.

 

[FlyingRon]

Yes, and everything I've stated is based on PA law.

 

[NeilTheCop]

DC's states you have to be under arrest first, as I read it.


§ 50–1904.02. Chemical testing after arrest.
(a) Except as provided in subsection (b) of this section, when a law enforcement officer has reasonable grounds to believe that a person was operating or in physical control of a motor vehicle within the District while intoxicated or while the person’s ability to operate a motor vehicle is impaired by the consumption of alcohol or a drug or a combination thereof, after arrest of the person, the person shall:

BUT:


§ 50–1904.01. Preliminary breath test.
(a) When a law enforcement officer has reasonable grounds to believe that a person was operating or in physical control of a vehicle within the District while intoxicated or while the person’s ability to operate a vehicle is impaired by the consumption of alcohol or a drug or a combination thereof, the law enforcement officer may, without making an arrest or issuing a violation notice, request that the person submit to a preliminary breath test, to be administered by the law enforcement officer, who shall use a device which the Mayor has approved by rule for that purpose.

That is correct.
With being able to articulate why you stopped the car; swerving, unable to maintain lanes etc, you stop and make contact with the driver.
If able to articulate that you could smell alcohol on the breath, the driver had bloodshot watery eyes, an open container of alcohol was clearly visible within reach of the driver etc, you then conduct a field sobriety test.
If they fail that test they are then arrested on suspicion of DUI.
That's when the implied consent laws kick in.

 

[Zigner]

Neil mentioned it first, so tell him too.

Go back and read it again. Neil mentioned it, but included the applicable Pennsylvania law, not the totally inapplicable DC law that you linked to.

 

[not2cleverRed]

Neil mentioned it first, so tell him too.

Neil stated that both DC and PA have implied consent.

YOU just stated the laws in the state where OP has a license, and completely ignored the state where the alleged offense occurred.

The admissibility of the evidence in a DC court does not matter, because DC does not have jurisdiction in this case.

 

[quincy]

It really confuses a thread to post irrelevant laws. This is a thread concerning a DUI in Pennsylvania.

DC laws are not applicable except as to how a Pennsylvania DUI can affect a D.C. driver's license.

D.C. may refuse to renew a D.C. license until the terms of suspension of the license in the other state have been satisfied. If the suspension in Pennsylvania is under the ARD program, the D.C. license should not be affected unless at the end of the ARD program there is a DUI conviction entered.

 

[HighwayMan]

If they fail that test they are then arrested on suspicion of DUI.

This makes me laugh. There's either PC for an arrest or no PC, no arrest. No "suspicion" involved.