First thing you should do is contact an attorney who handles DUI cases in this area immediately to understand your rights and options.
Zachary B. Cooper, Esq.
Levow & Associates, PC
Limited to DUI Defense
If you completed the ARD program for your first and had it expunged it would still count as a first. So this new DUI you received should count as a 2nd offense within 10 years. The paperwork usually will be amended to reflect that by the District Attorney's office. As with any criminal matter you should make sure to contact a qualified attorney and go over your case in detail.
Zachary B. Cooper, Esq.
Practice Limited to DUI Defense
Yes you can still be accepted into the ARD program with a BAC if above a .16 with drugs in your system. This would NOT considered a conviction which is one of the benefits of ARD. ARD is up to each individual District Attorney's office and each case is different. I would strongly suggest you contact an attorney that practices in the County where this happened and to go over all possible defenses as well as possible outcomes including ARD.
There are some Counties that will allow you to waive your arraignment if you have an attorney. I would contact an attorney in Armstrong County or even the DA's office to see what their procedures are. I do not practice in this County and do not know how they operate.
Mr Keller gave you excellent advise. The ARD program is a great option for your daughter and as long as she does everything she needs to do it will give her a clean record. Make sure you discuss this with an attorney in the area where the incident occurred as each county handles ARD differently. Your daughter also may have some defenses that an attorney will talk about with you if you want to contest these charges. I hope this helps.
Enter a plea of not guilty and request a hearing immediately. Talk with an attorney from this area about your options and possible defenses. Your attorney will have the opportunity to talk with the officer prior to the hearing and potentially work something out. Often times you can avoid points and even reduced fines this way. Talk with an attorney as soon as possible because time is of the essence in entering your plea of not guilty to this charge.
Great question and one I often get asked a lot. Yes there is a statute of limitations in Pennsylvania but unfortunately in your case you could nor use this because there is a Bench Warrant out for you since you missed court. If the delay would have been the fault of the prosecution then you would have a better shot. In your case, you will have to get the warrant lifted and then see what evidence the DA's office has against you. As I believe another attorney stated, you may be in luck given...