Legal Question in DUI Law in Pennsylvania

Re: what should a lawyer do?

ard guarantees you no record. you get an automatic expungment. you want ard. a good lawyer would take you into a room a yell at you for not taking ard.

brian

Re: what should a lawyer do?

There are several ways to challenge a DUI. The first thing to consider is whether there was a valid reason for the stop, and the circumstances surrounding the arrest.

Then there are the issues concerning the validity of the test. You can test blood again, provided that it is available and preserved.

You should know that often if you don't accept an offer of ARD at the preliminary hearing that the offer is no longer valid (this is totally up to the DA). So, if you are sure you don't want ARD, you should make sure that you have a very good case for having the charge eventually dismissed.

ARD does not give you a record for any purpose other than for another DUI...if you get another DUI in 10 years the ARD is the first DUI, and there are enhanced penalties for second and subsequent DUIs within 10 years. However, it can't be used for any other purpose.

Penalties for being convicted of a first time DUI with a .089 blood alcohol are 6 months probation, $300 fine and no license suspension.

It's up to you whether you want to roll the dice, but with no jail time or license suspension even with a conviction, the only thing you're risking by fighting it is a conviction on the record vs. an ARD which can be expunged.