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I am a 1L at Penn State Law School. I got a DUI on last night. This is my first offense ever. Can I still be admitted to the bar
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Last night I was talking while driving and rolled a stop sign. I pulled into a mcdonalds when police lights started flashing. I went through a sobriety test and did fine, but failed my breath test and was taken to the station and booked. At the station, blood was drawn to see my BAC and I was subsequently released. I was never given my miranda right, nor was I told about the consequences of refusing the breath test. The officer said he would call me tomorrow about my test result to see if I am to be charged. This is my first offense for anything and just want to know my chances of being admitted to the bar in a few years. I intend to come clean to the dean regardless. Thank you!
In State College, PA the police will pull you over for the smallest of traffic infractions because they are actively looking for DUI cases. Even if you do well on the field sobriety tests if the portable breathalyzer is close to or over .08 you will be arrested and taken for a blood test.
The portable breath test can't be used against you in court and the blood test that is done at Mount Nittany Medical Center is fraught with all kinds of legal and technical issues so a blood test reading over the legal limit does not mean your case will result in a conviction.
As foir telling the dean that is a wise choice and it is something you will also have to disclose to the bar when you go to take your bar exam if the charges result in a conviction or an alternative disposition other than a complete dismissal of the charges.
It will depend what State bar you intend to apply to. For instance, in Ohio, there is nothing per se, that bars you from being admitted to the Ohio Bar, if you have a first offense DUI conviction during law school. I handled one of those situations recently, and after speaking with the Supreme Court of Ohio Office of the Disciplinary Counsel, I was assured that there is no hard and fast rule prohibiting such. I would check with the bar where you intend to apply.
BUT, what you REALLY need to do is to hire a DUI Defense Attorney. This is the only chance you will have to beat the DUI and keep it off of your record. Depending on what you plan to do when you graduate, a DUI on your record may not be a good thing. Especially when applying for a job. Even a clerk job may be a problem with a DUI conviction. Fight it. Get a DUI Attorney. And YES, Report the Arrest IMMEDIATELY! Time is of the essence. Many schools have a policy that such an offense must be reported within a certain time frame.
Additionally, what I have my Law School Student clients do is to complete a Driver Intervention Program (72-hour DUI program) immediately upon arrest. WHY? So that down the road, you can explain to a Bar Admission representative, or a future employer, that you wanted to make sure you did not need any alcohol treatment, that you did not have a problem with drinking, and that it was all just a big mistake. That is BEFORE you ever go to a pre-trial conference at Court. Let alone, way before the DUI would ever go to trial. Benefits are not for your DUI case...they are for your future career!
You may also consider speaking with an attorney that handles Professional Disciplinary issues in PA. There are many attorneys that focus on handling Attorney Discipline before the Supreme Courts of each state. At least conference with one, to make sure you do everything proactive you can, to ensure you will not have a problem down the road.
With Legal employment so sparse these days, a DUI may be a black cloud on your resume. Now is the time to make sure you don't have to report a conviction for a DUI.
Attorney Mark A. Deters
Deters Law LLC
www.deterslaw.com
(937) 224-1100
If you are a first time offender, and if you are charged, which based on the information provided, is likely, you should be a good candidate for the alternative adjudication program.
This ARD program would subject you to a year of unsupervised probation after which the charges would be dismissed and even the charges could be expunged, leaving you with a clean record. I would recommend the assistance of a competent criminal attorney to assist you with the application and negotiation of acceptance into the ARD program.
Your application into the program is required on or before the date of your preliminary hearing.
