If you pleaded guilty, your rights to appeal are very limited. However, it appears you are alleging that counsel was ineffective. If you pleaded guilty/were sentenced within the last 12 months, you may be able to file for relief under the post-conviction relief act (PCRA).
You can be convicted of an offense without the necessity of a BAC reading. Under Section (a)(1), you can be found guilty of the offense is you have imbibed a sufficient amount of alcohol such that you are rendered...
Turning yourself in without an attorney is not a good idea. Just because you plan to turn yourself in does not mean that you cant be arrested before hand. If you are arrested you will be placed in jail until a hearing can be held.
Contact a DUI defense attorney to (1) assist you with the surrender, the setting of bail and (2) defend you against the charges,
F. Dean Morgan, Esquire
The Morgan Law Firm
You would plead not guilty. However, you should be aware that ARD is neither a gift nor a goal. Entering into the program has a number of negative consequences including a license suspension, community service, and the impact on your driving record for a period of 10 years. In addition, if you are arrested for DUI again within the next 10 years, this ARD offense will count as a conviction. ARD essentially is probation without a verdict. It is, in essence, an admission of guilt.
There are a lot of factors to consider. First, the charges. Very likely you will be charged with a DUI-Highest Rate and DUI-Minor. In addition, you are looking at an Underage Drinking charge. If you enter ARD, your license will be suspended for 60 days and 90 days for underage drinking. If you are convicted, you will face jail time.
As a former police officer and Lancaster County Prosecutor, I can tell you ARD is neither a gift, nor a goal. It is the lesser of two evils. But an...
The Supreme Court decision is not relevant to PA law. Because Pa operates under Implied Cnsent, you consent to give a sample of your blood. If you refuse, you lose your license. The officer does not "seize" your blood if you refuse, rather, the case proceeds upon evidence of the refusal, rather than evidence of BAC.
In other words, this is not a defense in your case.
There are a number of defenses to DUI. Inasmuch as it appears that you are concerned about your license being suspended. If you enter the ARD Program, this shall not constitute a "conviction" for the purpose of the Drivers License Compact.
If you are convicted of DUI, you will face a minimum of 3 days in jail and a minimum fine of $1000.00. If you are convicted, your license will be suspended for a period of 12 months. If you enter the ARD Program, you will not be jailed.
Generally, fees and expenses are paid separately. In cases such as Medical Malpractice/Personal Injury, the attorney has agreed to take your case on a "contingency" basis. This means that the fee is based on a percentage of your recovery. Because there is a risk of not achieving a favorable settlement/verdict, the attorney is not guaranteed to earn a fee.
On the other hand, the expenses of litigating the case are, in essence, money out of the lawyer's own pocket for the purpose of...