What can i do to get ard again for my second dui

DUI 3 views 4 answers
i have a professional job, i am a LSW, it has been 4 1/2 years since my last dui

Attorney Answers

4
Forest Dean MorganDUI / DWI AttorneyHershey, PA ·
You can't. Pennsylvania law makes ARD unavailable to any individual who has been convicted of, or received ARD for, a DUI within the past 10 years. To continue being the bearer of bad news: Because you entered ARD for your previous DUI arrest, the prior DUI will count as a conviction for the purpose of enhancing the sentence for the present DUI charges. As such, you face a minimum of 5 days in jail if your BAC is between a .08 and .099, 30 days in jail if your BAC is between .10 and .159, and 90 days in jail if your BAC is above .16, or involves controlled substances. With intermediate punishment (if offered in your county), you are still looking at a minimum of 30 days in jail. There are a number of defenses available. Contact an experienced local DUI defense attorney to assist you. There is insufficient information to make a recommendation about potential outcomes and the presumption of a conviction is premature. Good luck.
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George Chadwell Creal Jr.DUI / DWI AttorneyAtlanta, GA ·
As a professional, you should recognize that the most important thing you can do in a situation like this is to hire a qualified DUI attorney to assist you. There are many ways to beat a DUI but it is very unlikely that you will do so without a experience DUI lawyer on your side.
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David Axinn ·
I agree with the comment that ARD is not available in this situation. In the past, in some counties, it was possible to plea bargain around this, but that era has ended. In many counties, including Blair, Intermediate punishment can offer the alternative of house arrest.
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Brian Manchester ·
As you have already been informed ARD is not available. However, just because you have a test result that says your BAC was over the legal limit or they say your driving was poor does not mean you will automatically be convicted. There are two methods they test blood in Blair County. Both are an enzymatic based test. The testing is either done on serum or on whole blood using the REA method. Both are clinical tests done on clinical analyzers. That means they are medical tests but are being used for forensic purposes. Enzymatic based tests are fraught with false positives. If you took field sobriety tests and they say you are impaired that is not the end of your case either. The majority of police officers in Blair County who administer the test do not know what the tests are actually used for. Another issue you must be aware of in Blair County is they have a rocket docket for DUI cases and their only focus is to get you in and sentenced right away. Things like due process are put on the back burner. You must retain an attorney who bot only knows the law and scientific defenses, you need someone who knows how to navigate that court system.
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