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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
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Experience:  Experienced Criminal Trial Attorney since 1998.
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Okay so Im 19 years old and I hit a sobriety check point and

Customer Question

Okay so I'm 19 years old and I hit a sobriety check point and they asked me to step out of the car with my girlfriend who was drinking heavily that night and I was giving her a ride home. I had one beer that night and I wasn't drunk at all. They asked me to perform sobriety tests such as standing on one foot and heel to toe steps which I had no difficulty with. They then asked me to blow into the breathalyzer and I did agree to it because I felt sober as a bird. I then blew a .02 and I am currently getting charged with a dui. Also blood was taken that night by an officer in a trailer. They said we will contact you in 2 weeks to get the results back. My sister says they are just trying to scare me but I'm nervous. This is also my first offense besides a speeding ticket 3 years ago. Any advice? Could I fight this in court to maybe get the case expunged? Thank you.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Guru replied 1 year ago.
Welcome to JustAnswer.

I'm sorry to hear of your experience. Pennsylvania like many other states have adopted very strict DUI laws for people under 21. As you may have heard a breath or blood alcohol level of .02 or higher is DUI if you are under 21. So if your blood test comes back at .02 or higher you will likely be charged with DUI.

What you need to do is hire a local attorney. You might want to meet with a few different ones until you find one that you trust and has reasonable fees. Defending a DUI is not brain surgery so you do not necessarily need to hire the most expensive criminal defense lawyer. On most DUI's the result is usually the same regardless of who you hire as long as they are competent.

There is potentially a way to get the DUI later expunged from your record. If you are offered what is called a Accelerated Rehabilitative Disposition at the end of your probationary period you can have the case expunged from your record. That's what you want.
Customer: replied 1 year ago.

Shouldn't I have been read some rights or anything? I have friends who have received the same thing in the past and each time the case was either dropped or they won. I received no papers or anything inquiring that I was being accused?

Expert:  Legal-Guru replied 1 year ago.
Shouldn't I have been read some rights or anything?

(1) Miranda rights are the most misunderstood legal concept by non-lawyer. They are only required if you are questioned by police after being arrested. If there is a Miranda violation, the statements you make are excluded but the case is not dropped assuming there is other evidence.

I have friends who have received the same thing in the past and each time the case was either dropped or they won.

(2) I don't know about your friends cases or what the reasons were for the cases being dropped. If I were you I would ask them what the reasons were and also what attorney they used and whether they recommend him/her.

I received no papers or anything inquiring that I was being accused?

(3) Often times a citation is issued for DUI but it's not legally necessary. You are not charged with a crime at this point whether you were arrested or let go. The DA's office likely will not make a decision on whether to charge you until the blood test results are back. If they come back below .02, you won't be charged.

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