Legal Question in DUI Law in Pennsylvania

Two separate questions here: first, DUI penalties; and second, the impact on your current probation.

First, you may be eligible for the county's ARD program (Accelerated Rehabilitative Disposition) since this is your first DUI offense -- however, it's completely at the discretion of the District Attorney. I have no idea what your underlying probation charges are, and that may affect the D.A.'s willingness (or unwillingness) to agree to ARD. If you are accepted into the ARD program, however, you will face no jail time and will pay probably between $400.00-$600.00 in court costs and fines. You will be on probation from six months to a year, but will likely only have to check in with your agent by telephone once per month. Depending on your blood alcohol level, you could face a driver's license suspension (an additional one) of up to 60 days.

Second, your DUI charge violates your probation since you have had impermissible contact with the criminal justice system again. If you haven't told your probation agent yet, call him/her immediately and be up front about it. If he/she is going to violate your probation, you might as well get the ball rolling and have honesty on your side. Some agents do not violate you if you are forthcoming like I advise.

Best of luck to you. If you'd like to discuss your situation in more detail, feel free to contact me offline.

Cary B. Hall, Esquire

Law Offices of Cary B. Hall, L.L.C.

121 East Chestnut Street, Suite 205

Souderton, PA 18964

T: (267) 663-9995

F: (215) 525-4364

[email protected]

http://www.carybhall.com

I do no agree about ARD. When I was a DA I would have never offered ARD for someone on probation because ARD is only for first time offenders. You actually have 2 problems: First, you are looking at 2-3 days in jail for a first offense DUI if your BAC is over .10. But more pressing is what your PO is going to do to you as you could be looking at more time potentially for a VOP. I do agree that you should inform your PO as soon as possible.

If you would like to talk about it give me a call. I am a former Senior Deputy DA and I have handled over 3,500 DUI cases over the last 17 years.

I wish you the best of luck.

Ellis B. Klein, Esquire

Young, Klein & Associates

215-639-5297

www.ykacrim.com