ARD – Accelerated Rehabilitative Disposition
What Does ARD Mean?
ARD stands for "Accelerated Rehabilitative Disposition". If you have been charged with a first offense Pennsylvania DUI, you may be eligible for Pennsylvania's ARD program. If so, and you complete the program, you will have resolved your first offense DUI without a criminal record. ARD was adopted to emphasize rehabilitation as opposed to incarceration. Although each county may differ on certain eligibility rules, the general rules are you cannot partake in ARD if You have been convicted of a DUI in Pennsylvania in the last ten years.
If you were involved in a crash that caused serious injury or death.
Or if you had a child under the age of 14 in your car at the time of your arrest. A Small Price To Pay To Dismiss a DUI Charge
If you're accepted for A...
DUI Prescription Drugs
More Common Than Ever: DUI Prescription Drugs
Recent surveys show Americans are taking more and more prescription drugs, and as such, police in Pennsylvania are stepping up their enforcement of prescription drug DUIs. You do not have to be drunk in order to be charged with a DUI. Rather, driving while taking common prescription drugs can lead to a Driving Under the Influence of Prescription Drugs, including: Xanax
Klonopin A Valid Prescription Can Land You In Jail
Many people are shocked to find out they can be convicted of Driving Under the Influence of Prescription Drugs even if they are taking the drug under a doctor's valid prescription. Although the prescription is valid, the law has determined that certain drugs cau...
Homicide By Vehicle While DUI of Prescription Drugs
Americans More Likely To Be Charged With Homicide By Vehicle While DUI of Prescription Drugs
Have you or someone you know been charged with Homicide by Vehicle While Driving Under the Influence of Prescription Drugs? This charge is also well-known as "Vehicular Homicide While DUI" or "Vehicular Manslaughter While DUI," and has serious consequences of up to ten years in prison and a $25,000 fine for each death caused. Recent surveys show Americans are taking more and more prescription drugs, and as such, police in Pennsylvania are stepping up their enforcement of prescription drug DUIs. Common prescription drugs that can lead to Vehicular Homicide while Driving Under the Influence of Prescription Drugs are: Xanax
Some Defenses For Drug DUI Cases
I was going over the latest PA Bulletin on the minimum detection levels for a case and I wanted to share some information about it because I often get calls on this topic. In summary, if a Schedule I, II, or III controlled substance is not on this list (attached) it isn’t admissible pursuant to 1547(c)(iv). Remember benzodiazepines are Schedule IV so they are not covered by this Bulletin. There are a lot of controlled substances that my client allegedly consume that are not covered. Some of the more popular non-covered drugs are synthetic cannabinoids (marijuana) and synthetic cathinones (bath salts). The synthetic cannabinoids are too numerous to mention and new forms are coming out as quick as chemists can think of them. But too bad for the government. They are not listed so they do...
Consequences For Refusing A Breathalyzer Test
In Pennsylvania, there are two ways that the Commonwealth can gather evidence that will result in a Blood Alcohol Concentration Level, either through a blood test or through a breath test. Now it is important to differentiate that there are two different types of breath test. There is the portable breath test that officers give to you on the side of the road, this test can be refused if you so choose. Then there is the breath test at the police station. This test can also be refused however if you refuse this breath test then the Court and Legislature have ruled that you will be up charged under the DUI statute in Pennsylvania and you will face an additional license suspension for the refusal through PennDOT. According to Pennsylvania’s implied consent statute, “Any person who drive...
What Should I Do If I Am Asked To Provide A Chemical Test In Pennsylvania?
Pennsylvania law in this area has been changing in the past two years. Most recently the law was changed on July 20, 2017. Whether or not you refuse to submit to a chemical test is ultimately your decision, there are different consequences. Whether or not it is in your best interest to refuse the test depends on the type of test requested and your personal history with previous DUI convictions. In Pennsylvania, the police can only request two different types of tests when they are attempting to determine your blood alcohol level for criminal purposes. The officer can request either a breath test* or a blood test. The officer can only ask for one of these tests after they believe they have probable cause that you are under the influence and are incapable of driving safely. *Quick note...
What Should I Do At A Traffic Stop In Pennsylvania?
If you are driving in Pennsylvania at some point you will be pulled over by the police for any number of possible traffic violations, or randomly through a DUI checkpoint. If you are stopped by the police the first thing to do is pull over at the first opportunity you can at a place where it is safe to stop for you and the officer. If you are on a road where pulling over would be dangerous for yourself or the officer when they are standing on the side of the road. Indicate to the officer that you acknowledge that they want you to stop by using your four way flashers and then when it is safe to turn off your four ways and use your signal to pull over. Once stopped leave your seat belt on. Keep this on until the officer comes to your window. Taking it off early even if you are already sto...
What Rights Do I Have When Police Ask For A Blood Test In Pennsylvania?
Individual’s rights during a blood draw by the police have come front and center in the media this past week. As a nurse in Utah was arrested for refusing to provide the police a sample of a patient’s blood because the police lacked probable cause, they had no warrant, and the individual was not even under arrest. In addition, the patient was unconscious and could not consent to a voluntary blood draw. The police claimed they had a right to take the blood because of the implied consent law in Utah. It has been determined that the Nurse did nothing wrong and that the police were attempting to collect a blood sample illegally. Pennsylvania also has an implied consent law under 75 PACSA 1547. The general is as follows: Any person who drives, operates or is in actual physical control...
Can I Lose My Pilot’s License If I Am Charged With DUI In Pennsylvania?
The short answer YES. If you are pulled over for suspicion of Driving Under the Influence, you must report that to the FAA even if you are late found to be innocent. Being stopped and asked for a breath or blood sample is enough to make you report the incident. There are two separate forms that will have to be completed in which you must inform the FAA of the incident. Typically the first form is under regulation 61.15 which states that any conviction of an alcohol or drug related offense must be reported within 60 days after the motor vehicle action. The other typically later form to report this on is the FAA medical application. Once it is reported that FAA will request documents about the situation, including but not limited to the police report, a personal statement about the inc...
Brian Manchester Receives Advanced Level Training on Ultraviolet Light Issues During Drug Recognition Expert Evaluations
Brian Manchester of Bellefonte, Pennsylvania recently received advanced level training, from the American Association of Premier DUI Attorneys, on Ultraviolet (UV) Light issues that occur during Drug Recognition Expert (DRE) evaluations. Brian received training on the new UV Light protocol for DRE evaluations.
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