My daughter was charged last night with .175 alcohol while driving. First offense. No blood test was given.
Philadelphia, PA |
She said she will get a letter in the mail for court appearance. They gave everything back to her. Can she drive until her court appearance? What do we need to do? She is 21. Will she have jail time? I assume she is charged with DUI.
She absolutely can drive right now and like the others stated she may be eligible for the ARD program. ARD which stands for Accelerated Rehabilitated Disposition is a first time offenders program. If and when you successfully complete this program you will (1) earn a dismissal of the charges (2) avoid a criminal record (3) avoid jailtime and (4) recieve a 1-2 month suspension rather than 1 year. Each County runs its own ARD program so you want to make sure to talk with an experienced DUI attorney who understands the rules in the County where you were arrested.
First, your daughter can continue driving. Unless she refused chemical testing, her license won't be suspended until the case has reached a conclusion.
As others have stated, ARD sounds like a possibility, but every county does it differently so I can't tell you whether she'll definitely be accepted for the program.
There could be another issue in the case with the lack of blood test. There are alternate methods of obtaining a BAC such as a breathalizer. That method, however, has come under recent scrutiny, especially in Dauphin County. It would behoove you to speak with local counsel as soon as she receives her paperwork.
If this is her 1st offense there may be diversionary programs she can get into, my suggestion is to speak to an attorney to determine your best course of action, good luck.
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