First thing that you should do is talk with a qualified DUI attorney and not go through this on your own. If you are going through the ARD program, your license would not be taken at the preliminary hearing. It would be surrendered when you are placed onto the program at the next level. Good luck.
I would hire a qualified attorney who handles these cases to make sure you get the best result and go over any possible defenses. If you can avoid this on your record that would obviously be the best outcome and will avoid any problems in the future. It is considered a summary offense and will that is not as serious as a misdemeanor or felony it can still be a "red flag" as you put it to employers.
First of all I would make sure to contact your attorney ASAP in the County where this occurred. Every County handles the ARD program differently. It is certainly not a guarantee that you will be removed from the program. If for any reason you are removed your case more likely than not will be placed back in the system and you will have the right to take it to trial or enter a plea. Again, I would discuss all this with your Attorney ASAP.
She absolutely can drive right now and like the others stated she may be eligible for the ARD program. ARD which stands for Accelerated Rehabilitated Disposition is a first time offenders program. If and when you successfully complete this program you will (1) earn a dismissal of the charges (2) avoid a criminal record (3) avoid jailtime and (4) recieve a 1-2 month suspension rather than 1 year. Each County runs its own ARD program so you want to make sure to talk with an experienced DUI...
I would retain counsel immediately as the police can file the charges 44 days after the incident. I would agree with my colleague that you should stop posting facts about the case on a public site like this and hire a good DUI attorney to help you.
I would find a local attorney that handles these types of cases. Mr. Keller is absolutely correct in that you should stop posting information about your case on sites like AVVO that anyone can read. Talk about your case in private with your attorney.
It sounds like since you are going to AA as well as counseling that you may have a good chance to be placed onto house arrest. Each county is different in how they handle house arrest and some don't even offer it. Therefore I would make sure that if you have an DUI attorney (and you should) that you talk with them prior to sentencing so you understand what will take place and everything the Judge could do. Keep going to AA and getting the counseling as that can only help you. I wish you luck!!!!
Talk with an attorney immediately about your situation and what you should be doing now. The good thing is that you blew a 0.0. This is something that you may want to fight but again I would talk it over with an attorney so you understands all your options.
If you would like to discuss this further please feel free to give me a call anytime today.
Zachary B. Cooper, Esq.
Levow & Associates, PC
Limited to DUI and Criminal Defense