What is the possibility of first time DUI charges being dropped if the person was suicidal at the time and then diagnosed with bipolar since then?

My 22 year old son was recently charged with his first DUI with a BAC of .16. At the time of the accident he told the officers he was suicidal and they took him to the hospital rather than the police station. There he chose voluntary committal at a mental health facility where he spent 6 days and was diagnosed bipolar II a new diagnosis and placed on Lithium. Under these circumstances, what are the chances of getting the charges thrown out?

Asked on June 26, 2012 under Criminal Law, Pennsylvania


Andrew Goldberg

Answered 8 years ago | Contributor

Concerning dismissal of the charges, that is an unlikely outcome. If the DUI is your son's first DUI and he has no criminal history, he can apply to the County's  ARD program. If your son successfully completes the requirements of the ARD program, he will have no conviction on his record for the DUI. As part of the ARD, his license would be suspended for 60 days rather than 1 year. Get on the  internet and look up the ARD ( Accelarated Rehabillitative Disposition ) in your County, telephone an attorney, and discuss that with him or her.

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