Q: I received ARD for my dui 9/17 (bac .16>) I have yet to pay fines or do my classes 6/18 was charged with aggravated dui
(Bac .223) and Poss of control substance 15 grams or less/out of state in WV. What will the consequences be in pa? Will ARD be revoked? If so when? Jail time in both states?? I'm posting from pa! And this goes hand to hand with a couple questions I posted for child custody
A:
Initially, I see you're asking your question from Brooklyn, NY -- just making sure you realize you're posting your question in the Pennsylvania law section, because that's the answer you're going to get. Pennsylvania law.
Your ARD in Pennsylvania will almost certainly be revoked unless you can somehow get your new West Virginia charges completely tossed out. If that happens, and assuming that your Pennsylvania DUI was your first DUI ever, then you're looking at a mandatory minimum of 72 hours in jail in Pennsylvania, and then 6 months parole. You'll lose your driver's license for 1 year in Pennsylvania as well -- and that likely will roll over into whatever state you have your driver's license, if not Pennsylvania.
There's a slight possibility that your Pennsylvania ARD could continue if the Pennsylvania authorities don't find out about your new West Virginia charges. My advice in that case would be to complete everything you still need to do for ARD *immediately* and hope you can fly under the radar. No guarantee, but it's worth a shot.
As for the penalties for your new West Virginia charges, you'll need to consult with a criminal defense attorney in West Virginia. Best of luck to you.
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