Does my son need a lawyer?

[irish77]

Absolutely.

why did my first, nor my second, show up in 7 different background checks? Four of which were Fortune 500 companies. I am not trying to argue here, but unless I misread, it seemed like a normal first time DUI.

Isis, thanks for your information. Go decorate the tree.

 

[FlyingRon]

why did my first, nor my second, show up in 7 different background checks? Four of which were Fortune 500 companies. I am not trying to argue here, but unless I misread, it seemed like a normal first time DUI.

Isis, thanks for your information. Go decorate the tree.

What state were you convicted in.
What state where the background checks done in.

Corporate background checks aren't an exact science. Generally you need to have enough of the information on the applicant (date of birth, ssn) and what state/agencies to query. This is why the federal background checks dig through every place you worked and lived for the past 15 years. Gives them more of a hint where to dig.

I guarantee that if it wasn't sealed, and it wasn't one of the few states with noncriminal DUI, that it will show up in background checks done specifically for that state. It will also show up on people authorized to do NDR checks.

 

[irish77]

Gotcha. PA for everything. The job I have now did a VERY thorough search. I thought they would catch the first one in 2000. I mean, the HR process took about 3 months because we do work for the fed & gov't.

 

[FlyingRon]

Gotcha. PA for everything. The job I have now did a VERY thorough search. I thought they would catch the first one in 2000. I mean, the HR process took about 3 months because we do work for the fed & gov't.

Did you have ARD or did you end up with a conviction?

 

[irish77]

ARD in PA in 2000.

 

[ilworriedmom]

Well I don't know what the laws of other states but in Illinois DUI is a criminal offense. I don't want to hijack this thread but maybe the mom who originally posted can learn from what we have been through.

My son who is 22 was out of state and received an OWI. In Illinois if you are convicted of any alcohol driving offense in another state your license is revoked for a minimum of 1 year to a maximum of a lifetime. We felt like we had to try and fight his DUI in court even just for the chance that he might not get convicted. He was offered an Impaired driving but couldn't take it because Illinois doesn't care about reduced alcohol driving offenses. The punishment is the same. So we paid for a high priced DUI lawyer, $11,500, and went to court to receive the same thing that he would have got if he had just plead guilty (and it would have been a lot less money). The judge was very nice after the conviction and he only had to pay fines (he did alcohol classes on his own before his trial) but now in Illinois he has his revocation, a criminal record and decreased employment opportunities. If he had been a first time offender in his own home state he would have received court supervision. If he had been a resident of the state where he was charged, he would have had a suspended license not revoked. So I just wanted to say, DUI is a very serious situation to be in. Hopefully if you are a first time offender you can have a punishment where you learn a lesson and can move on with your life. But you should realize that you can get the maximum punishments that will have an affect on the rest of your life.

 

[garrula lingua]

If there is an element/issue in controversy, then an atty is definitely advisable (such as bad stop, low BAC with rising BAC, etc., loss of CDL or teacher's license).

Unless you're going to trial, or stand a really good chance of negotiating a reduction (be realistic), then the Prosecutor will, normally, just offer a 'standard first' plea/sentence, whether there's an atty there or not.

OP, does he qualify for the PD ? They'll do as good a job as the $11,500. atty regarding the facts as stated (better - they know what they can negotiate for with that particular Prosecutor, and some Prosecutors will stick it to the 11,500 attorney when the Prosecutor has a slam-dunk case).

There's always the possibility of a breathalizer which was not calibrated correctly, but that's a very rare chance for a dismissal/reduction.