If a police officer stops you on suspicion of driving under the influence (DUI) in Pennsylvania, you may be arrested if they have probable cause you were intoxicated.
A DUI arrest can be stressful, but knowing what to expect may help relieve some of your worry.
What Are the Initial Steps After A DUI Arrest?
In Pennsylvania, you will first receive a breath, blood, or urine test. Urine tests are not typically necessary unless the officer believes you were driving under the influence of drugs in addition to alcohol. If you opt for a blood test, the test will be conducted at a hospital or clinic. You cannot refuse to test.
Once they receive the test results, law enforcement will file a complaint showing the charges against you. However, they may not wait to charge you if you are a repeat offender. The court will set a preliminary hearing for which you should have a lawyer.
What Happens at the Preliminary Hearing?
The preliminary hearing is your first appearance in court. Before the hearing, your DUI defense attorney may speak to the arresting officer to see if they will reduce the charges. After obtaining the test results, they will prepare for the hearing and develop your legal strategy.
The preliminary hearing is held before a magisterial district judge. The burden of proof at the preliminary hearing stage is lower than during the trial. At the preliminary hearing, your attorney will cross-examine the arresting officer and any of the prosecution’s witnesses.
What If My Case Is Set for Trial?
If the magistrate determines sufficient evidence exists to send your case to trial, they will set a formal arraignment in the Court of Common Pleas, at which the judge will be apprised as to whether there is the possibility of a plea agreement or a delay in the case. However, your case will go to trial if no plea agreement is reached.
To avoid a conviction at trial, you can enter a guilty plea, which will result in the following:
● Suspension of your driver’s license
● An evaluation to show whether you have a substance abuse problem
● Required attendance at an alcohol highway safety school for at least 12 hours
After the evaluation and these steps are completed, the court will schedule your sentencing hearing.
What Are the Penalties for a DUI?
Under Pennsylvania law, there are now three levels of DUI based on blood alcohol concentration (BAC):
● General Impairment – 0.09 to 0.099 percent BAC
● High BAC – 0.10 to 0.159 percent BAC
● Highest BAC – 0.16 percent and higher BAC
Penalties for a DUI are determined based on the BAC and the number of prior DUI offenses:
First DUI Offense
For a first-time offense, you may incur a $300 fine and be ordered to attend an alcohol highway safety school for general impairment. However, for a high BAC, there is a mandatory minimum of two days to six months in jail, among other penalties.
Second Offense
For general impairment, your license will be suspended for 12 months, and you’ll face higher fines, alcohol safety school, and the installation of an ignition interlock device in your vehicle. For higher BACs, the penalties are the same but with higher fines. Depending on your BAC, you could spend 90 days to five years in prison for the highest BAC.
Two Prior Offenses
Administrative penalties for general impairment include a 12-month license suspension, court-ordered treatment, a fine between $500 and $5,000, and an ignition interlock for one year, along with 10 days to two years in prison. Higher BACs garner a longer license suspension, increased fines, and lengthier periods of incarceration.
Contact SMT Legal Today
At SMT Legal, we understand that facing a DUI conviction can be a dark time in your life. However, you do not have to go through this alone. We are standing by to help you.
Contact us today for a free consultation with an experienced Pennsylvania criminal defense attorney.
