First-Time DUI Offender With Refusal Test Accepted Into ARD

Pittsburgh DUI attorney Samir Sarna recently represented a 33-year-old woman new to the Pittsburgh area. One night she was caught driving under the influence of alcohol and refused a BAC test. The woman had no previous history on her record but began to drink excessively when she and her husband started going through a violent divorce. She was looking for help when she found herself with her first DUI offense.

When someone refuses a BAC test under their first DUI in Pennsylvania, PennDOT immediately issues a one-year license suspension for the offender. From an attorney’s standpoint, these are tough cases to win. The officer only has to prove that they had a reasonable basis for asking the offender to perform the test and prove that the person refused.

To fight this, Sarna made an argument with the officer. He asked that her case be put through to ARD in return for him not filing her refusal. It was agreed and Sarna was able to get her only a 60-day suspension with enrollment in alcohol highway safety school, drug and alcohol assessment plus a period of probation. Our firm saw to it that she would avoid a 12-month suspension. She left with only a 2-month suspension.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.