Legal Question in DUI Law in Pennsylvania

Underage DUI

So this past night, me and two other friends who were driving to pick up some burgers were pulled over by the police. There reason I was pulled over was that I had a tail light out and that one of my friends was riding in the bed of my truck. I passed the field sobriety tests, but blew a .099. I'm not 21 and neither were any of my friends, all of whom blew a .099 as well. I was arrested and taken for blood work and then to the station for some paperwork before I was released. To my knowledge, I was never read my rights, and I'm really not sure where to go from here. I know that I broke the law and I'm willing to pay for that, but I'm just wondering what kind of fine/jail time/suspensions I'm looking at. I was totally cooperative with the officer, was not driving poorly, and totally respectful. Any insight anyone?


Asked on 4/26/08, 4:24 pm

3 Answers from Attorneys
James Monaghan Law Office of James V. Monaghan

Re: Underage DUI

You may not be looking at any jail time, if you have no prior arrests. The fact that you were not read your Miranda rights does make make the arrest illegal. Please contact me if you would like to schedule a no cost conference.

Jim

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Answered on 4/28/08, 12:27 pm
Mark Johns Mark Johns, Esquire

Re: Underage DUI

You should be eligible for ARD. Your Miranda rights only apply if you confessed. You are looking at a 1 year probation period, a license suspension and approximately $1200 in court costs and fees. You should speak with a lawyer as soon as possible. I offer free initial consultations.

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Answered on 4/26/08, 6:32 pm
Jay Hochberg

Re: Underage DUI

To expand on what Mr. Johns wrote, the Accelerated Rehabilitation Disposition (ARD) is a diversion program for first time non-violent offenders. If the DA agrees to accept you into the program, then you will not have a conviction and your arrest record will be expunged. If you don't get into the program, then you're looking at first offense first tier DUI, which carries a six month probationary sentence and no license suspension. Oddly enough, the ARD will likely result in a short license suspension. The good news is that an attorney can keep you from having to see the inside of a jail.

Feel free to write or call directly with any other questions, and good luck to you.

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Answered on 4/26/08, 6:47 pm


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