Can I get ARD again? : First DUI 2008. 14 years ago. Completed all ARD requirements. Second DUI 2022. Can I get ARD again? Allegheny county Pittsburgh for both offenses.
George’s answer: The Law does allow for ARD a second time if at least 10 years has passed - depending on the circumstances. If you give me a call I would be happy to discuss the case with you. Once I have all the relevant info I would be able to tell you the chances of getting ARD again in your particular case.
What does a dui/unsafe driving charge mean?: I got pulled over took breath refused blood. My charges say dui/unsafe driving
George’s answer:
There are different sub-sections within the PA DUI Statute which relate to different factual scenarios. Title 75 Sec. 3802(a) is known as the "General Impairment" section of the Statute. It is the section that is used when drivers refuse a chemical test. The Portable Breath Tester that police use on the side of the road is not admissible to establish a BAC at trial, thus, why the police requested that you submit to a blood test. (Police are allowed to use the PBT as an investigative tool and can use the results to determine if the driver may be taken for additional testing)
The "General Impairment" section states that a person commits DUI if they operated a motor vehicle "after imbibing a sufficient amount of alcohol such that the individual is rendered incapable . . ." of operating a motor vehicle.
As you can see, this section does not require a specific BAC. Instead, the prosecution attempts to meet its burden of proof by introducing the testimony of witnesses (usually a police officer) as to the signs, and extent, of intoxication of the driver.
These signs might include things like the odor of alcohol, blood shot eyes, fumbling to find paperwork, failure of Field Sobriety Tests etc. The officer offers testimony as to these items and testifies that based upon their training and experience they believe that the driver was under the influence to the extent necessary.
The testimony of the officer can be sufficient for a conviction. The prosecution can also introduce evidence of the refusal to claim "consciousness of Guilt" - meaning they can argue that the person refused because he/she knew he/she was under the influence and that is why the test was refused.
Many drivers have been convicted for DUI under this subsection of the Statute where the driver refused a test.
I strongly suggest that you consult with an experienced DUI attorney in your area to examine the specific facts of your case and what defenses you may have available.
What is the penalties for first time DUI offense in Pennsylvania with no accident, no property damage, no injuries, no minors,: I was pulled over for traffic stop which led to a first time DUI arrest..I don't qualify for ARD due to simple assault charge in 2017. I was confused as to what choice to make when they asked for consent to take my blood bc I didn't think I had a choice in the matter so I just kept saying I don't know. The cops took it as a refusal. This is my first time being arrested for DUI. I have already appealed my license suspension with PENNDOT. My question is as a first time DUI offender with a refusal what kind of penalties am I facing with court and can I get it knocked down to anything lesser?
George’s answer:
The PA DUI Statute does treat a refusal as a tier 3 offense which carries a 72 mandatory minimum jail sentence, 12 month DL suspension (in addition to the 12 month refusal suspension and probation of up to 6 months.
However, there is case law (Birchfield v. North Dakota)which held that a blood test refusal (as opposed to breath refusal) cannot be used to put a person into tier 3 but must instead be treated as a tier 1. In that case, you might only be facing 6 months of probation (no mandatory jail sentence) with no DL suspension (the refusal suspension is separate and still would apply). You should consult a local attorney to find out how this can be used to your advantage in your county. Good Luck.