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Will a previous offense such as underage drinking affect my chances of getting ARD for a DUI charge?

Souderton, PA |

About 8 or so years ago I got an underage drinking charge, my BAC was .03 i belive? Anyway I paid my fine and lost my license and its been in the past until now. I recieved a DUI and waived my rights and applyed for ARD. I have my CRN next week followed by my arraignment in Bucks County. What should I expect, will I know if i am accepted into ARD? Will this previous charge of underage drinking hurt my chances of getting ARD?

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Attorney answers 4

Posted

The old summary offense should not prevent you from getting ARD. The BAC may be relevant along with your license status and whether there was an accident. You should have a criminal attorney help you with the process.

Asker

Posted

My BAC for the DUI was 0.2 so i am at the highest tier.. there were no accidents and I had a valid license at both times. Although the underage did not involve any operation of a motor vehicle.. Lots of people have told me not to get an attorny so I didnt because I dont have the money but I also dont qualify for a public defender.. I was told at least on ARD i could work out a payment policy to be able to manage the payments better

Posted

This is really up to the DA and in different counties, they treat the entrance differently. In Bucks county, I think you have a good shot-prvided there was not an accident. One issue may be that both these offenses are alcohol related. They may want to know what, if anything, you are doing to address this.

Posted

The quick answer is that it should not affect it. However, there has been alot of turbulence in the ARD unit in Montgomery county resulting in some strange decisions. You should speak with a local experienced attorney who can help.

Good luck
Ellis Klein, Esquire
215-639-5297
www.ykacrim.com

Posted

As a matter of law, the statute governing ARD would not exclude you based on the underage drinking. If you still owe on a fine for that charge, the DA may make you pay it before giving you ARD.

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