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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23541
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Convicted in first DUI case on June 20th.

Customer Question

Convicted in first DUI case on June 20th.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
Please provide more details to put your situation into context and then ask the question you'd like me to answer about this.
Use the reply tab below to respond.
Customer: replied 1 year ago.
Hi ,My name is***** .
Customer: replied 1 year ago.
Are you there ?
Expert:  Zoey_ JD replied 1 year ago.
I don't need or want your name, as this post is public.
Please ask your question.
Customer: replied 1 year ago.
Hello
Expert:  Zoey_ JD replied 1 year ago.
PLEASE ASK YOUR QUESTION.
Customer: replied 1 year ago.
Actually I was caught in a random checking in a road by the cops as I had some drinks . This is my first offense in driving history.
Customer: replied 1 year ago.
They just asked me to do some activities and I did all of them in a proper manner but at last when they asked me to blow in a device which they were carrying . I guess the reading somewhat came high due to which they took me to police station
Customer: replied 1 year ago.
There I stayed whole night from 1 Am till 7.30 AM and then I was released .
Expert:  Zoey_ JD replied 1 year ago.
Thanks for the reply.
If you don't ask me a question however, I don't know what you what to know about this.
So you were stopped for a DUI and you pled guilty on the 20th of June? Is that what happened?
And what do you want to ask about that?
Customer: replied 1 year ago.
When I reached the police station they did some process and a pink slip generated from a printer which was handed over to me . in the heading it is written like BAC datamaster Evidence ticket .
Customer: replied 1 year ago.
Please guide me for the same
Customer: replied 1 year ago.
How I should proceed in this case ?
Expert:  Zoey_ JD replied 1 year ago.
All of this is perfectly typical.
What is your question? Your first post says you were convicted. That means your case is over. Is that what you meant or did you mean that you were only charged and have not yet been to court?
Customer: replied 1 year ago.
no I have not been to court till now . Only they have handed a Pink coloured slip .They have also not charged anything for this
Expert:  Zoey_ JD replied 1 year ago.
Thank you.
Do you have a date yet to appear in court? What was your BAC? Was it at least .08? Are you 21 year old or over?
These are my last questions. After you answer them, please give me a little time to compose and type up an answer.
Customer: replied 1 year ago.
No I am still waiting for the letter from court.It was higher than .08. I am 32 years old .
Expert:  Zoey_ JD replied 1 year ago.
A DUI in Pennsylvania is a misdemeanor and a conviction will give you a criminal record. If you don't already have a date for court but your BAC was at least .08, you will receive a date in the mail. When you get one, it will be a good idea to retain a criminal lawyer to come to court with you.
The typical penalties for a first Pennsylvania DUI, when your BAC is at least .08 but is not over .10, is 6 months of probation, a fine, an alcohol assessment, and Pennsylvania's safe driving school. The penalties go up if your BAC is up.
If your BAC is in that .08 to .10 range and there has been no accident involved and no child under 14 in the vehicle at the time of the arrest, you would be eligible for ARD.
ARD stands for Accelerated Rehabilitation Disposition, and essentially it is a special form of probation which will allow you to dispose of your case without going to trial and working off your conviction by completing community service, paying fines, conseling or treatment as indicated and refraining from alcohol during the duration of your supervision period. If you complete all of that, your case will be dismissed so that you will not have to carry a conviction on your record.
The DA decides who gets ARD and who doesn't. So you may need your lawyer to negotiate that opportunity for you. One more reason you should have a lawyer to fight your case.
If you don't know where to find a Pennsylvania criminal lawyer, you can contact the Pennsylvania State Bar Association's Lawyer Referral Service, and for a referral fee of around $50, which includes a free half hour consultation with a lawyer, they can find you one.
http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=PA
You could still be eligible for ARD on a first arrest if your BAC is higher than .10, but you would also lose your license for 30 days if your BAC is over .10 but under .16 or for 60 days if your BAC is higher than .16.

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