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DUI advice

Williamsport, PA |

I was arrested for a DUI even though I wasn't drinking before I drove. My vehicle became stuck driving pulling someone else out and we started drinking when while waiting for someone to pass. Any advice besides"get a lawyer" or "you need a lawyer" etc?

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Attorney answers 5


I believe you have previously posted a question. For a first time offender, unless the evidence is overwhelmingly clear that a defendant will be found not guilty, I recommend ARD. The facts that you describe call for a credibility determination which isn't the best kind of case to challenge.


Without knowing more of the facts, the only thing I see here is that you had another person with you. If that person would be willing to testify to your set of facts your might have a good case at trial. There are other factors to consider; like your prior record, your character, etc...

If you are a first time offender (DUI), ARD is also an option. ARD/DUI is a probationary program for first time DUI offenders. Upon successful completion of the probation period, the criminal charges of DUI are eligible for expungement from your criminal record.

Michael Kotik, Esq.
Two Penn Center (Philadelphia)
1500 John F. Kennedy Blvd., Suite 220
Philadelphia, PA 19102
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I agree with the other attorneys about the benefits of ARD for first time offenders. If this is a second or third offense, with substantial penalties (jail and license loss), a trial might be more attractive. The Commonwealth has to prove that you drove AFTER drinking. You would attempt to prove that you drank after driving, but still have to explain getting stuck. Your friend, the bartender, and anyone else who can support that theory will be necessary.


The state must prove you were in actual physical control of a vehicle during your intoxication. If you drank after you drove, then you have not violated the statute. Consult with an experienced private attorney to prepare your defense.


The law is tricky in these situations. The law states if your BAC is greater than .08 within two hours driving or being in physical control of a vehicle you can be convicted on the BAC offense. As to incapable of safe driving the Commonwealth has to prove at the time of driving you were impaired by alcohol.

With that said if they can't prove you were driving or if they believe you, you have defenses. You also have defenses to the blood test itself. Lycoming County sends their blood samples to NMS labs in Willow Grove, PA. It is tested using gas chromotography and the testing methodology has many aspects that can go wrong so just don't assume a number above .08 means an automatic conviction.

ARD is a possibility to be discussed with a lawyer but it isn't always the best thing to do. Furthermore, Lycoming County doesn't just hand out ARD. If you have a conviction of anything in your past they will not offer you an ARD even if the prior conviction is not for a DUI.