Penn State Wide Receiver Charged With Drug DUI

Regrettably, another Penn State athlete recently got into legal trouble in Centre County after being charged with a drug-related DUI by the State College Police Department. More specifically, the player was charged with two counts of Driving Under the Influence under 75 Pa.C.S. 3802(d) and one charge of One Way Roadways. Most likely, the police conducted a traffic stop after the player was driving the wrong way on a one-way street, and, during that traffic stop, the police discovered evidence that the player was driving while impaired by marijuana.

Centre County DUI Process

In Centre County DUI cases, after a person is arrested for suspicion of DUI, they are normally transported to the local hospital for a blood draw. The blood is then sent to a lab for forensic testing. For alcohol testing, it often takes two to three weeks for the results to be returned. If the blood is tested for drugs, the results often take longer to be received. After the officer receives the results, the officer then files the applicable charges with the court, and the court then mails charging and court scheduling paperwork to the suspect.

Centre County ARD Program

Accelerated Rehabilitative Disposition, commonly referred to as ARD, is a pretrial diversionary program that allows a participant to have charges dismissed and then expunged from the criminal records.  With ARD, a person pleads not guilty to the charges, but instead of proceeding to a trial, the person agrees to complete ARD requirements and comply with restrictions, such as no drugs or alcohol. By completing things like counseling, community service, and payment of costs, the person completes ARD and thereby become eligible for dismissal and expungement.

ARD conditions and requirements vary from county to county, and the ARD requirements often vary depending upon the charges and fact pattern in a particular case.  In a drug-DUI case like this, common Centre County ARD requirements would most likely include: 1) 12 months of supervision by the probation department; 2) 60 day suspension of PA driving privileges; 3) payment of approximately $3,000 to $3,500 in ARD costs/fees; 4) completion of community service; 5) completion of counseling; 6) no non-prescribed drugs or alcohol.

Penn State Disciplinary Process for DUI

Penn State students are subject to the Student Code of Conduct for off- campus incidents. Jurisdiction is not limited to incidents that occur on campus. Students and parents want to know “what is going to happen with Penn State Student Conduct?” For a relatively normal DUI, a student is unlikely to be suspended for a first time violation. If the DUI involved an accident in which a person was injured, a hit-and-run, or fleeing from the police, then the probability that a student is removed via suspension or expulsion is increased. If the student has prior violations of the Code of Conduct, the probability of removal is increased.
If handled correctly, a first-time violator of the Code facing a DUI can generally avoid a removal. A student can expect to be placed on some level of probation, either standard probation or a heightened level called Conditional Suspension, for two semesters. The student will also be required to complete some sort of alcohol education or counseling. Alcohol education often requires completion of Penn State’s BASICS program, which is either 2 or 4 sessions that last 60 minutes each, and the cost is $250. If counseling is required, the student can often get credit for the counseling that is also being completed as part of ARD.

State College DUI Lawyer

State College criminal defense lawyer Jason S. Dunkle has been representing clients charged with DUI and other criminal offenses since 2004, and many of those clients have been approved to participate in ARD.  Attorney Dunkle uses his knowledge and experience in handling criminal cases to explain your legal rights and recommend a course of action.  If you or someone you know has been charged with a criminal offense, you should contact JD Law by email or by calling (814) 689-9139 to schedule a free consultation.