I agree with you that it would have been nice if the Trooper allowed your son to give you call. Unfortunately many law enforcement officers fo not do that nor do they have to. As far as your son's case is concerned everything will depend on what number DUI this is for him. If this is his first DUI there is a very good chance he would not have to do any jail time and his license suspension would be 1-3 months rather than a year. In addition, there may be factors with his case that can be challenge in court and possibly have his charges reduced or dismissed. This is why you want to make sure you contact a DUI attorney and have them review everything to make sure things are handled correctly. As far as the rehab, if your son feels that he needs the rehab I would never tell anyone they shouldn't do that. Just doing rehab to help your case may not always work. A qualified DUI attorney will be able to further assist you on when and if to do Rehab and more inportantly what type of rehab to do.
He may be able to get into ARD depending upon his prior record. This would prevent jail time and does not entail a conviction. In terms of rehab, I am uncertain of his prior history with alcohol. The issue regarding whether he should go now seems to be something that is very dependent upon whether he is ready or not. If he is an alcoholic and is not ready for rehab, he will not take it very seriously and it will not help.
Michael L. Doyle
Attorney at Law
To answer your questions: 1) Your son could be given credit towards jail time for any time in an in-patient treatment facility; 2) The Commonwealth generally has up to six months to get the case to trial but, there are exceptions.
Regardless, you should contact an experienced DUI defense attorney immediately. There are many ways to beat a DUI case. Additionally, ARD might be an option for your son that would keep him out of jail and reduce any license suspension. However, I need to know more facts to advise your son about all of his options.
Very Truly Yours,
L. Kenneth Chotiner, LL.M.
The information provided here is not intended to provide legal advice on any subject nor is it intended to create an attorney-client relationship. Actual resolution of legal issues depends upon many factors, including variations of facts and state laws. The information is provided for information purposes only.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.