Hi all, here is my dilema;
I got stopped a day after my birthday in Pennsylvania, Delaware County. I blew into the breathalyzer 3 times but there was no reading. The cops then took me to hospital and drew blood. The results came back with a 0.11 reading. I have been poring through PA DUI laws and seen that I have a high BAC level (more than 0.09). Prior to this, I had a clean driver's record. While at the station, the cop asked me what I did for living and he told me that he 'would recommend classes' if it was my first offence.
There is a provision for first time offenders to go for Alternative Rehabilitative Disposition (ARD), and for my BAC level, If I qualify for ARD, then I will get a 30 day licence suspension amongst other fines and stipulations. I am a counselor and therapist (substance abuse, please do not judge!), and my job involves driving to institutions, private homes and trainings. I drive at least 6 days of the week for my job. A 30 day licence suspension would spell a death-knell for me. I would not be able to drive to work, nor drive to stations related to my work. They are too far spaced from each other to even try and contemplate public transportation. Owning a car is a job requirement. In addition, due to the sensitive nature of my job, they do regular (I think 6 month) DMV checks. If I cannot drive, my employer will want to know why. If and when they know, I shall lose my job! I also used up all my vacation days during the summer, closing that useful 'loophole'. I love my career, I am trained in it, and changing it is not an option, unless my goose is cooked.
Even if I somehow manage to get a solution for the 30 day suspension, (how, I do not know, and that is why I am asking this forum) the DMV check should show the DUI. Thus, it is just a question of when, not if, I shall lose my job. Getting another job would subject me to another DMV check. In addition, I have subscribed to AFLAC, which does not insure employees convicted of a DUI. If I lost my job, AFLAC would drop me. I have seen the importance of AFLAC, and trust me, it helps in a covered job loss.
My questions are;
1. Can I try to get a sort of probation before judgement by pleading to a lesser charge in PA? Is there provision for a lesser charge?( A former client of mine did that some years ago in Maryland, by pleading guilty to the lesser charge of 'driving while impaired' and having the charge of 'driving under the influence' dropped and his records did not show any DUI) Is there any relation between what the cop told me 'attend classes if it was my first offence' and pleading to a lesser charge?
2. What sort of defence do I have? I have consulted two attorneys, but they are all telling me that the best possible thing is to go for the ARD, due to the accuracy of a blood test. I can resubmit the blood for independent testing, but it might not go to 0.09, or it might even be higher!
3. In all honesty, I want to put this behind me. I am incurring costs almost daily, and I would like to do damage control. Since I have no defence to the charge (do you think there is any?), is it possible to approach the D.A and tell her/him of my plight, and try to seek a plea bargain? Does it vary from county to county, or is it uniform all over PA? Can they put me under 'general impairment', meaning that I will not have a 30 day suspension? Can I avoid having an attorney at the preliminary hearing. I am sure that I cannot qualify for a public defender, but a summer home improvement project has wiped me dry and maxed out my credit cards! I cannot even afford to do a payment plan! Will the judge accord me any mercy if she/he hears of my profession, or will that be used against me?
4. When you opt for, and qualify for ARD, how long does the DUI show, if at all? One attorney says that it goes away after expunging of records, which takes more than a year, and the other one says that it depends on various situations. Has anyone been in a past situation? How did it play out?
Once again, I am seeking honest answers. My job has shown me that bad things happen to good people. Thanks in advance.

