DUI
In the day of Uber and Lyft, there is little excuse for a generic, late night DUI. Get an app, ask the bar or restaurant to call you a ride. But should bad judgment or circumstance prevail it’s important to know that a DUI is not the end of the world. This does not negate the seriousness of drinking and driving in our communities nor the impact to victims of DUI accidents. However, in our society, DUI’s happen to the best and the worst of us and when this occurs there is a plan.
If you do elect to drive and are pulled over, there are two trains of thought. One suggestion is that you say nothing, keep you door locked, and hope a sufficient amount of time passes before the police force open your door and take you into custody. The other is that you cooperate, preserve your rights, and seek our skilled legal services to discuss your options and seek the best possible outcomes. Some strategies to consider include:
Motions to Suppress - Not every traffic stop by the police is legal. In order for the police to pull you over, they must have probable cause that a violation of the vehicle statute has occurred. This cannot be conjecture or speculation on the part of the police. They must observe and, at a later date, testify to a specific violation. If you are pulled over the police must have further reasonable suspicion you are driving under the influence to continue their investigation. The most successful motions to suppress are made on the grounds that there was no probable cause to initiate the original stop. While this path presents challenges, if probable cause for the initial stop, or reasonable suspicion for the pursing investigation is not demonstrated, there is a legal basis for the charges to be dismissed.
Accelerated Rehabilitative Disposition (ARD) - ARD is a mechanism under which individuals arrested for a DUI may have an alternative to trial, conviction, a mandatory jail sentence, and potential loss of your driver’s license. You may be eligible for the ARD Program on your DUI charge if you meet all of the following requirements:
First offense for DUI and no other prior misdemeanor, felony or ARD disposition.
No serious bodily injury (other than the defendant) as a result of an accident. (75 Pa. C.S.A. 3807 (a)(2)(ii))
No passenger under 14 years of age in the vehicle the defendant was operating. (75 Pa. C.S.A. 3807 (a)(2)(iii))
Defendant must have had a valid driver’s license that was not suspended, revoked, or cancelled at the time of arrest for DUI.
Defendant must undergo a Court Reporting Network (CRN) evaluation prior to admission into the ARD Program, and participate thereafter in any recommended treatment or counseling.
If the defendant refused a breath, blood, or urine test, the “refusal form” must be sent to PENNDOT (and a copy to the District Attorney’s Office) by the arresting police officer prior to ARD Court.
In order to be eligible for acceptance into the ARD Program on your DUI offense you must apply for the ARD program at the time of your preliminary hearing.