I got arrested for my first dui in PA. I blew a .14 on a breathalyzer. I was told I would be charged through the mail. What are my penalties gna be?

Question Details: I've never been in any trouble before,and would like a little heads up as to what's gonna happen now. Someone was telling me about ard programs,but they didn't know if I would qualify. I was pulled over for running a stop sign. Failed a field sobriety test,then blew a .14 at the police station. Can you tell me what kind of trouble I'm in? I'm expecting probation and a fine,but not too sure of the details.

Asked 9/16/2009 under DUI / DWI | 580 View(s) | More Legal Topics

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DUI / DWI Law Answers

ARD stands for Accelerated Rehabilitative Disposition and it is a program that is unique to Pennsylvania DUI law.  By admitting first time DUI offenders into the ARD program the state of Pennsylvania is able to avoid lengthy court proceedings and the defendant is able to have their DUI expunged  (ie cleared) from their criminal record once they complete the ARD program.  This means that you can truthfully answer "no"; if asked about a criminal conviction. 

If you are accepted into the ARD program, it is very similar to being on probation for your DUI.  You will not have to serve any jail time for the DUI charge, but you will receive supervision for a period of two years while you are in the program.  Probation may include attending supervised meetings, attending a court mandated DUI School, paying any court ordered restitution, or otherwise violating any condition of your ARD program that is required by the court.

However should be aware that just because you are eligible for the program does not mean that you should automatically accept it.  If you are facing a first offense DUI charge and accept admittance into the ARD program versus going to trial and at anytime in the future you get arrested on another DUI charge, you will be charged as a repeat or habitual offender.  The ARD program is basically a one-time “get out of jail free card”, you only get one chance at the program.  Since this area of law is highly technical and fact specific, an experienced attorney may be able to get the charge dismissed or successfully defend against it; at the very least they may be able to get it reduced.  So fighting the charge may be a better option than accepting ARD.

Note:  If you fail to fulfill any of the requirements of the ARD program, your original charges will be reinstated. 

What you need to so now is to consult with a DUI attorney in the area where this occurred.

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