Do not share any more online, and tell your friend the same thing. He should not speak to police and should retain an attorney as soon as possible. Saying "aggressively making out" can mean many things. The fact is that she seemed to report this incident which means that she interpreted this differently than he did. I think asking this online is dangerous and he needs to sit down with an attorney in the confidential setting of his or her office.
Michael L. Doyle
I agree with Mr. Dohner 100%. There is nothing that you can do to improve your situation, other than hiring an attorney. There are many things that you can do to harm your situation, such as communicating with the police and sharing details on a message board.
Due to the fact that it was so long ago and in NJ a first DUI is a moving violation, not a misdemeanor, I believe that you have a reasonable chance. However, it is within the DA's discretion to reject you from ARD.
Your attorney is absolutely correct. Content him once you receive the papers. Without knowing the BAC or your criminal history, it is difficult to analyze what potentially could happen. Once you get the paperwork and speak to your counsel, things should be a lot clearer.
If it comes back under the limit, they may throw it out. The only exceptions are if you have enough in your system that the officer testified that you ability to drive was impaired. This is rarely used when someone is under the limit, but techinically if you are close to the borderline it can be done. SInce they took blood, they may also check for metabolites. If you had any controlled substance in your system it may be an issue. Marijuana metabolites can stay in your system for days and...
If the sentencing on your first DUI was the same date as the sentencing on your second (August of 2003), it looks like this would be your fourth. It goes from the date of sentencing on your earlier offenses and the period begins to run from then. If the new sentence occurred within 10 years from the sentencing of others, you count those within that time period and that will tell you what number this one is. You definitely need an attorney because if found guilty, you will do state time.