First DUI Results in ARD Program and No Suspension of Driving Privileges

A man in his mid-40s who owns his own construction company was recently charged with a first DUI, traffic control device violation, and driving vehicle at safe speed in Allegheny County. Concerned about his business and license, he hired Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC to represent him and mitigate the most severe penalties he faced. He was especially concerned about keeping his driver’s license since without it, he would face serious financial setback. Moreover, he had no prior criminal history and was concerned about clients finding out.

Our client was out with some old friends and had a few drinks. Like many of our clients, he felt that he was okay to drive home, and so he started home on his motorcycle. While riding down a winding road, he lost control and crashed his bike. When the police arrived on scene, they noticed the smell of alcohol. Our client’s BAC came in at .104, which is high. Even with the Accelerated Rehabilitative Disposition (ARD) DUI diversionary program, a BAC that high calls for a 30-day absolute license suspension. We negotiated to have our client moved into a lower-tier BAC and employed proper experts on BAC to convince the prosecution. We were successful in our negotiations and our client did not face any driver’s license suspension. He went through the ARD program.

Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.