The DUI for which you participated in PTI may not be revived or used against you in any way. You also are not eligible to do PTI again. You may be eligible for other alcohol diversion programs. You may apply for a provisional license by going to the DMV and filling out a form and paying the fee. You may also request a hearing by a DMV Hearing Officer by filling out the form on the back of your implied consent form that was given to you when you were arrested. There is a $150.00 filing fee for this hearing. On most occasions, the arresting officer does not show up for this hearing and you are allowed to get your full driving privileges restored until such time as you have your DUI trial. It is best that you hire an attorney who is very experienced in handling DUI defense. I do a significant amount of both DUI and drug defense along with other criminal defense. Since you lost your driving privilege, it is evident that you either blew into the datamaster and received a result of .015 or higher, otherwise you refused to do the breath exam. You are in much better shape if the latter is true. There are a significant number of challenges that an experienced DUI defense attorney can successfully make to a DUI arrest. There are also many ways that an experienced DUI defense attorney can prevail at a DUI trial. In most instances, these trials are prosecuted by the police officer who made the arrest and who are not as knowledgeable on the rules of evidence and procedure as an attorney would be. The expense of a DUI entails much more than just a fine. There are six points against your license, 3 years of expensive mandatory SR-22 insurance coverage, ADSAP classes for 6 months ($500.00), along with the suspension of your license for six months. Do not go through this without an attorney.
DISCLAIMER – LEGAL ADVICE
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My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies.
You were fortunate to get PTI on this charge, and I have little to add to Mr. Atwater's excellent and thoughtful response.
This answer is for general advice and does not create an attorney client relationship with James Mosteller.
The original DUI should not resurface. It can, but most probably won't. If you refused the breath test or blew a .15 or higher you must request an administrative hearing within 30 days of your arrest. Try to get your attorney choice made well in advance of your initial court date.
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