Ard

[youngone]

I got a DUI Saturday night and was told I could possibly go through the ARD program. The problem is I was told that the DA has to OFFER it to you and then was told that I need to have an Attorney to get ARD I just cant request it on my own. Is this true??

I realize I made a huge mistake and according to an online website I'm considered in the highest Tier of BAC, but I dont want to spend money on a Lawyer for nothing.

 

[RDJ]

whether or not you get ARD you need to get an attorney. DUI is a criminal conviction and WILL impact on future employment if it stays on your record, Esp. considering all the more than qualified people out of work that don't have DUIs

 

[youngone]

whether or not you get ARD you need to get an attorney. DUI is a criminal conviction and WILL impact on future employment if it stays on your record, Esp. considering all the more than qualified people out of work that don't have DUIs

Okay, I just heard the horror stories of people hiring Lawyers and still getting the heavy penalties, which are deserved no denying that.

I just dont want this to ruin my chances of getting into the Military, but if it does I cant complain I did it to myself.

 

[RDJ]

Okay, I just heard the horror stories of people hiring Lawyers and still getting the heavy penalties, which are deserved no denying that.

I just dont want this to ruin my chances of getting into the Military, but if it does I cant complain I did it to myself.

the horror stories are out there and the heavy penalties are a possibility even with a lawyer. they are all but guaranteed without one. check around with lawyers in your area and don't rush to hire one. you might also want to check into alcohol awareness classes and take one of those as well.

 

[Hitman318]

look for lawyers who specialize in DUI. We have one in Montgomery that wins alot of cases if we dont make a perfect arrest. Some lawyers specialty is DUI.

And learn from it man, thats the most important thing. Im not gonna rip on you becuase you already know you screwed up. But make sure you learn from this mistake :thumb:

 

[FordSVTFan]

I got a DUI Saturday night and was told I could possibly go through the ARD program. The problem is I was told that the DA has to OFFER it to you and then was told that I need to have an Attorney to get ARD I just cant request it on my own. Is this true??

I realize I made a huge mistake and according to an online website I'm considered in the highest Tier of BAC, but I dont want to spend money on a Lawyer for nothing.

The program belongs to the state, it is a type of diversion so the judge cannot offer, it must come from the state. If you qualify for ARD, whether you have an attorney, the state should put it on the table as an offer. The best offer is almost always going to come at the first meeting so be prepared.

I would still suggest hiring a good DUI attorney as mentioned above.

 

[youngone]

the horror stories are out there and the heavy penalties are a possibility even with a lawyer. they are all but guaranteed without one. check around with lawyers in your area and don't rush to hire one. you might also want to check into alcohol awareness classes and take one of those as well.

The program belongs to the state, it is a type of diversion so the judge cannot offer, it must come from the state. If you qualify for ARD, whether you have an attorney, the state should put it on the table as an offer. The best offer is almost always going to come at the first meeting so be prepared.

I would still suggest hiring a good DUI attorney as mentioned above.

look for lawyers who specialize in DUI. We have one in Montgomery that wins alot of cases if we dont make a perfect arrest. Some lawyers specialty is DUI.

Thanks guys, I really appreciate the advice. It's good to hear from experienced people. :beer:

And learn from it man, thats the most important thing. Im not gonna rip on you becuase you already know you screwed up. But make sure you learn from this mistake :thumb:

This is my first and LAST offense, I'll never be that stupid again.

But to clear it up, I wasnt driving dangerously or anything, I was actually pulled over for a burned out headlight. But when the Officer approached the window he smelled the Alcohol and heard my slurred speech.

 

[Defknotzero]

Good Luck.

 

[FordSVTFan]

But to clear it up, I wasnt driving dangerously or anything, I was actually pulled over for a burned out headlight. But when the Officer approached the window he smelled the Alcohol and heard my slurred speech.

To really clear things up please dont delude yourself. You were a danger on the road. If your speech was impaired your neurologic functioning was altered and your reaction times greatly reduced.

Since you mentioned you were the highest tier of B.A.C., which is tier 3, your B.A.C. was at least twice the legal limit. That is quite impaired and is extremely dangerous regardless of why you were pulled over.

Tier 3 is reserved for the highest BAC level offenders. A Blood Alcohol Concentration of .16% or greater that is measured within 2 hours of operating a motor vehicle will land you in a Tier 3 status. Anyone who refuses to submit to a chemical test and have their BAC measured will be placed into Tier 3 status as well. In addition to a high BAC, any illegal drug(s) (if prescription drugs you must have a valid prescription) will also land you in Tier 3 status.

 

[youngone]

To really clear things up please dont delude yourself. You were a danger on the road. If your speech was impaired your neurologic functioning was altered and your reaction times greatly reduced.

You're right, I'm trying to downplay it and I shouldnt. Luckily I didnt get into a situation where somebody was hurt.

I just dont want people thinking I was driving like you read about in these news articles where people are driving on the wrong side of the road, running red lights etc.

Since you mentioned you were the highest tier of B.A.C., which is tier 3, your B.A.C. was at least twice the legal limit. That is quite impaired and is extremely dangerous regardless of why you were pulled over.

My BAC was .226 by a breathalyzer. They didnt tell me what the blood results were.

But dosent it look better in Court that I was originally pulled over for a different violation and then they discovered I was drunk?

 

[RDJ]

You're right, I'm trying to downplay it and I shouldnt. Luckily I didnt get into a situation where somebody was hurt.

this is putting it extremely mildly

I just dont want people thinking I was driving like you read about in these news articles where people are driving on the wrong side of the road, running red lights etc.

are you sure about this? with a BAC of .22 I would wager there are a number of things you may not remember about that night

My BAC was .226 by a breathalyzer. They didnt tell me what the blood results were.

almost 3 times the state limit

But dosent it look better in Court that I was originally pulled over for a different violation and then they discovered I was drunk?

no, once the judge sees your BAC EVERYTHING else will likely be ignored. IF what you are saying is true and you were driving normally without running red lights, weaving, on the wrong side of the road, etc you have all the signs of an alcoholic.

you need to get a lawyer and get into some kind of alcohol awareness program and get evaluated by an alcoholism counselor well before your court date. Doing so will show the judge that you have had a huge wake up call and are taking steps to get treatment and modify your thinking and your ways.

you might want to use this link as a start to your research:

Pennsylvania DUI Fines & Sentencing

 

[youngone]

are you sure about this? with a BAC of .22 I would wager there are a number of things you may not remember about that night

Positive, I remember everything that happened.

no, once the judge sees your BAC EVERYTHING else will likely be ignored. IF what you are saying is true and you were driving normally without running red lights, weaving, on the wrong side of the road, etc you have all the signs of an alcoholic.

I was drunk I admit that, I admit that I made the wrong choice to drive and I knew the risk when I made that choice, but what I didn't do was drive carelessly. I know it's hard to believe because of my intoxication level, but I was being as carefully as I could, meaning paying attention to stop signs, there were no traffic lights on the road I was on.

I used to be a heavy alcohol and drug user but I never drove, I always had a ride.

Saturday night was the first night I had a drink in over a year and it was only supposed to be a 2 drink celebration because I received some great news over the past 2 days.

you need to get a lawyer and get into some kind of alcohol awareness program and get evaluated by an alcoholism counselor well before your court date. Doing so will show the judge that you have had a huge wake up call and are taking steps to get treatment and modify your thinking and your ways.

I'm getting a Lawyer and doing that program. I'm trying to get my life moving in the right direction but I always manage to screw it up.

you might want to use this link as a start to your research:

Pennsylvania DUI Fines & Sentencing

:beer:

 

[Jomo1994z71]

Good luck...it could have been much worse....life will go on and hopefully, you will learn from it.

 

[RDJ]

you need to QUIT drinking and STAY out of bars. once an alcoholic always an alcoholic. you can "recover" but even one drink will set you back on that path.

My father was an alcoholic in his younger days. He is in his 80s now and hasn't had a drink in probably over 50 years but even he says that if he were to walk into a bar he would not come out sober.

 

[FordSVTFan]

You're right, I'm trying to downplay it and I shouldnt. Luckily I didnt get into a situation where somebody was hurt.

I just dont want people thinking I was driving like you read about in these news articles where people are driving on the wrong side of the road, running red lights etc.






My BAC was .226 by a breathalyzer. They didnt tell me what the blood results were.

But dosent it look better in Court that I was originally pulled over for a different violation and then they discovered I was drunk?

.226 is insanely drunk. There is almost no way you will be offered ARD. If you are, consider yourself extremely lucky. Knowing your B.A.C. I suggest going for a high end DUI attorney.

 

[ssj4sadie]

What branch of the military are you aiming for? I can almost guarantee the AF will turn you down if convicted. Even if one of the branches does let you in (if convicted) you have boned yourself out of some really good jobs.

Just to let you know in the military one simple mistake (even though DUI isn't really a simple mistake) like a DUI can get you kicked out in a heartbeat. Get your stuff together and good luck.

 

[youngone]

.226 is insanely drunk. There is almost no way you will be offered ARD. If you are, consider yourself extremely lucky. Knowing your B.A.C. I suggest going for a high end DUI attorney.

I read Breathalyzers can vary atleast 15% from the actual B.A.C. And his when he took it out the batteries were dead, he had to buy new batteries on the spot then give me the test.

Like I said they didnt give me the blood results.

What branch of the military are you aiming for? I can almost guarantee the AF will turn you down if convicted. Even if one of the branches does let you in (if convicted) you have boned yourself out of some really good jobs.

Just to let you know in the military one simple mistake (even though DUI isn't really a simple mistake) like a DUI can get you kicked out in a heartbeat. Get your stuff together and good luck.

That was part of the good news I was celebrating, I talked to an Air Force recruiter Friday and he gave awesome news and directions on getting in.

But it was either AF or Army.

 

[RDJ]

I read Breathalyzers can vary atleast 15% from the actual B.A.C. And his when he took it out the batteries were dead, he had to buy new batteries on the spot then give me the test.
Like I said they didnt give me the blood results.

Why are you still down playing this? let's say you are correct and the thing was off 15% you were still, at a minimum twice the legal limit. if it was 15% off the other way you are over three times the legal limit. If I were you I would not bring this up to the judge, it will not go well for you

That was part of the good news I was celebrating, I talked to an Air Force recruiter Friday and he gave awesome news and directions on getting in.
But it was either AF or Army.

Tell you what, you call your recruiter in the morning. tell him you were arrested for DUI with a BAC of .22 but maybe it was off by 15% or so. let us know what he says.

 

[youngone]

Why are you still down playing this? let's say you are correct and the thing was off 15% you were still, at a minimum twice the legal limit. if it was 15% off the other way you are over three times the legal limit. If I were you I would not bring this up to the judge, it will not go well for you

I'm looking for FordSvtfans experience with breath tests being inaccurate and varying by 15% or more than blood tests. I'm pretty sure he's delt with more than one drunk driver.

Tell you what, you call your recruiter in the morning. tell him you were arrested for DUI with a BAC of .22 but maybe it was off by 15% or so. let us know what he says.

I'm gonna call him in the AM and see what he says, if I cant go in then so be it.

 

[FordSVTFan]

I read Breathalyzers can vary atleast 15% from the actual B.A.C. And his when he took it out the batteries were dead, he had to buy new batteries on the spot then give me the test.

Like I said they didnt give me the blood results.

I'm looking for FordSvtfans experience with breath tests being inaccurate and varying by 15% or more than blood tests. I'm pretty sure he's delt with more than one drunk driver.

So the officer only used the handheld breath test on the side of the road and never did one at the station, but instead they did a blood draw?

Typically the handheld breathalizer's arent admissible and that is why they do a follow up with the intoxilizer at the station or with a blood draw. If you are saying they did a blood draw you are toast. Your attorney should seek discovery and will get a copy of your blood alcohol concentration.