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Questions on my first DUI in PA
Anonymous6 views3 answers
My car was stuck right outside a parking lot. I tried to back up a few times but in vain. After about 6-10 minutes cops showed up and tested me. This happened in Chester county in Pennsylvania. They took me for blood test and then kept me in the cell for an hour. After that they dropped me home. Depending on the blood test result this may be my first DUI. No one was injured and no damage to the car.
1. I have a family with two kids below 5. Can't afford to loose my license
2. Can this affect my employment? My job does not require driving.
3. I have no criminal record before this... Do I have a chance of just getting a warning?
4. How much does the ARD program cost? What is the time commitment?
5. When can I file for expungement
Thanks for your help.
First and foremost, it is unlikely that you will receive a warning or any slack from law enforcement if they determine that you were, in fact, driving under the influence. If the facts are as you described, and you have no criminal history, then it is likely that you would be a candidate for the ARD Program. In Chester County, you apply for the ARD Program at your Preliminary Hearing, and you find out about 6 weeks later whether you have been accepted. Depending on your blood alcohol level, you will be facing either a 30 or 60 day license suspension. You will also face up to 12 months' probation, 50 hours community service, and need to complete the "COAD Requirements," including an alcohol evaluation (called a "CRN Evaluation"), and the required safe driving classes. You can anticipate total fines and costs coming to about $1,500. If you successfully complete the terms of ARD, then you can file to have your record expunged upon completing the Program.
I strongly recommend that you find a lawyer who is familiar with criminal defense practice in Chester County and who has handled these matters in the past.
All of the information contained in this response is supposed to be general in nature, and this answer does not create an attorney-client relationship. It is highly advised that individuals facing legal difficulties consult with an attorney of their choosing.
You are going to be charged with a DUI. You need an attorney to help you negotiate the best deal, if any under the circumstances. Your license will probably be suspended and then returned with restrictions. No warning will be given!
First don't assume that you will be charged with DUI, It really depends on your BAC if you were below a .08 then you probably won't be charged with DUI. there are also a lot of other factors that come into play like whether you admitted to driving and if the Police witnessed you driving. If this is infact your first offense then ARD is most likely going to be available to you. If you are admitted to the ARD program license suspension in Chester County will range from no suspension at all up to two months (60 days) It all depends on your BAC. You will also have to do community service in Chester County and pay a monthly offender supervision fee of $25 to $35. You may also have to participate in counseling but again that depends on your BAC and alcohol evaluation. You can apply to have your Record Expunged after the ARD program is completed ( usually one year).
The Cost of the ARD program is usually around $1500 but could be more or could be less. The DUI could but does not have to affect your employment that is entirely up to the employer. Since there is no conviction with an ARD they need not know unless driving for work is an issue.
Have a qualified criminal defense attorney review your case and advise you. Who knows perhaps you have an chance to beat the case.