Legal Question in DUI Law in Pennsylvania
DUI Options
Is it true that I have no options but to plead guilty (or go to trial where I'm told I will be found guilty based on a proper legal stop by police) and face at least the minimum sentence, fines, loss of license etc.?
I am ineglible for ARD due to the fact that my son (age 2) was in the car and I was found to have a .18 blood alcohol content. This is my first offense and I have no criminal record. I live in WA. state and this occurred when I was visiting PA.
I'm told the District Attorney has no authority to 'negotiate' based on the circumstances which isn't making sense to me.
2 Answers from Attorneys
Re: DUI Options
District Attorneys always have the power to offer less than the mandatory minimum. However, offentimes they will refuse to negotiate. It depends on all the facts and circumstances, and how persuasive the defense attorney is.
Based on having a kid in the car, most ADA's I know would not offer less than the mandatory minimum without a whole bunch of equities on your side.
Good luck.
Re: DUI Options
The first question always is, was the stop legal? You are saying that it is, so I'll take your word for it, although you should have an attorney review the facts to determine whether you have any issues to fight.
While you may be "eligible" for ARD, whether or not to offer ARD is totally up to the discretion of the DA. The DA in the county where you were arrested may have an unwritten policy that he or she doesn't offer ARD when there is a child in a car, or when a BAC is above a certain level. That's totally up to the DA.
The DA has the authority. He or she just probably has a policy that in some circumstance that applies to your case that ARD won't be offered.
You need to hire an attorney familiar with DUI law to help you negotiate with the DA.
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