First thing you should do is hire a DUI Attorney Immediately to go over all your options.
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 attorney...
First, I would make sure to immediately retain a DUI attorney in the area where your husband was arrested and not just wait for the paperwork. He will be charged in PA not in NY because this is where it occurred but there MAY be implications in NY as well depending on what takes place on PA.
ARD which stands for Accelerated Rehabilitated Disposition is a first time offenders program. If and when your husband successfully completes this program he will (1) earn a dismissal of the...
The short answer is YES you can still be charged hours after. The facts as you decribe them are even more reason to make sure you husband as a qualified DUI attorney on his side. He may have several defenses that he can use in his case against him. The Commonwealyh has the burden of proving your husband guilty beyond a reasonable doubt which is a very high burden. Also, a qualified attorney will go over other options that may be available to your husband to avoid a permanent criminal record,...
In would first make sure that you hire an attorney in the area that handles DUI cases. You have options depending on many factors in your case. One of the options you may have since its your first offense is ARD.
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...
You should talk with a DUI attorney who handles expungements. An expungement after successful completion of ARD can be filed almost immediately however it will take longer for everything to actually be expunged. After a Judge signs the order it the has to be sent to all the different agencies to then comply with.
First, you should talk with an experienced DUI attorney in this area ASAP to go over your case and possible options. In Pennsylvania the PBT or portable breath test that you were given on the side of the road is not admissible in Court because they have shown to be not very accurate. This is why the police after the stop then asked you to give a blood sample. If this is your first DUI you may be eligible for the ARD program. ARD which stands for Accelerated Rehabilitated Disposition is a...
First of all you should hire a good attorney immediately because you are facing a lot of jail time as well as a lengthy drivers suspension. If you cannot afford an attorney I agree Mr. Keller that you should talk with the public defender. There are some very good public defenders and you do not want to go into this alone. I hope this helps. Thanks.
If your last DUI was twenty (20) years ago even if you are denied ARD this would be counted as a first for penalty purposes. I would strongly recommend that you talk with a qualified DUI attorney in the County so you can understand your options. Please feel free to call me if you have any further questions. Thanks.
Zachary Cooper, Esq
Levow & Associates, PC
Practice Limited to DUI Defense
Talk with an attorney about this issue as soon as you can. If the police officer pulled you over illegally your attorney can file a Motion to Suppress the actual stop. Try not to put too many facts about your case on sites like this as anyone can read this. Good Luck!!
Zachary Cooper, Esq.
Levow & Associates, PC
Limited to DUI Defense