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
If this is your first offense you should be eligible for the ARD program. This is a program designed for first time offenders with no record. If you successfully complete ARD there would be no jail time, no conviction and a license suspension of 2 months in your case rather than a year. You may also have some defenses to consider and for that reason at minimum I would contact the Public Defender in the county where this occurred to understand your rights and possible scenarios in your...
You should contact a DUI attorney in the county where you are on ARD immediately and discuss this matter. For the most part, most counties in PA will not remove you from the ARD program if you need an extra month to complete something. That just means that you will still be under probation and obviously cannot have anything expunged until ARD requirements are completed. This is something that you and your attorney may want to also bring to the attention of the probation department who is...
Unfortunately the system is not very fast. It is not uncommon for things to happen the way you described. Once your attorney gets all the discovery he should be in a much better position to talk with you about possible defenses and what your options are. I on the other hand feel that communication between attorney and client throughout this whole process is very important so hopefully you will get to talk with him soon whether he has discovery or not. I hope things work out for you.