If you are facing a DUI charge in Pennsylvania, you need to know what to expect during your case. Making informed decisions about your defense would be best, which necessarily involves understanding how your case will proceed.
At this point, we will assume that you are at home. Maybe you were detained and released, or your arresting officer allowed you to call someone for a ride. Either way, you now have a DUI charge pending, and you need to fight it by all means available.
So, what are the steps in a Pennsylvania DUI case?
7 Major Steps in a Pennsylvania DUI Case
There are seven significant steps in a Pennsylvania DUI case. However, not all of these steps will be involved in all cases. Suppose you are eligible for Accelerated Rehabilitative Disposition (ARD) or negotiate a plea deal, for example. In that case, you can resolve your case without going through any of the subsequent steps in the process.
With this in mind, the steps involved in a DUI case in Pennsylvania generally include:
Step #1: Preliminary Hearing (or Waiver)
Your DUI case will begin shortly after your arrest with a preliminary hearing. During this hearing, the prosecutor’s office must present sufficient evidence to demonstrate that taking your case to trial is warranted (this is referred to as establishing a “prima facie” case).
Prosecutors can meet this burden in most cases, and DUI charges are not often dismissed at this stage. With that said, your preliminary hearing provides an early opportunity to fight your DUI charge—an opportunity you should leverage if you are considering trialing your case.
You can waive your preliminary hearing if you are not considering taking your case to trial (more on this below). While this is not a light decision, it will sometimes make sense. Your defense lawyer will be able to help you decide how best to proceed.
Step #2: Application for ARD or ASP
One scenario in which you might choose to waive your right to a preliminary hearing is when you plan to apply for Accelerated Rehabilitative Disposition (ARD) or an Alternative Sentencing Program (ASP). The ARD program provides a way for first-time DUI offenders to avoid a conviction without going to trial. In contrast, ASPs offer opportunities to repeat offenders to minimize the consequences of their arrests.
Applying for ARD or ASP could be your best option if you will likely face a conviction at trial. However, costs are involved—and successful program completion is not guaranteed—so careful decision-making is also required.
Step #3: Plea Deal Negotiations
Another way you can avoid going to trial in your Pennsylvania DUI case is by negotiating a plea deal. If you are likely to face a DUI conviction at trial, waiving your right to a preliminary hearing and focusing on negotiating an agreement with the prosecutor’s office could be your best option. However, negotiating a plea deal will still leave you with a stain on your record, so you should not focus on securing a deal if you have strong defenses available.
This raises an important point: While these are the significant steps involved in a Pennsylvania DUI case, there is also much more that you need to do to protect yourself. Working with your defense lawyer in the background would be best as you prepare for these steps. It would help if you were evaluating all potential defense strategies and working hard to ensure you can avoid unnecessary consequences.
Step #4: Arraignment
If you haven’t successfully applied for ARD or ASP and haven’t negotiated a plea deal, the next step in your DUI case will be your formal arraignment. Some counties in Pennsylvania allow defendants to waive their arraignment in DUI cases, while others do not. If you have to (or choose to) attend your arraignment, you will need to make sure you are thoroughly prepared, and you will need to make plans to appear on time with your defense lawyer.
Step #5: Pre-Trial Motions
After your arraignment, your DUI case will be set for trial. But going to trial isn’t necessarily the next step. Suppose you hire a defense lawyer to represent you. In that case, your lawyer will use the time between your arraignment and your trial to file motions seeking to limit the evidence prosecutors can present in court—if not seeking to get your DUI charge dismissed entirely. While there are a variety of pre-trial motions your lawyer might be able to file, your options at this stage will depend heavily on the specific circumstances of your case.
Step #6: Trial
When your trial date arrives, you must stand trial in court if your DUI charge is still pending. The prosecution will present its evidence first, and then you will have the opportunity to challenge the prosecution’s evidence, present your evidence, and argue for a “Not guilty” verdict or acquittal. Whether you should testify at your trial is a decision you must make with your defense lawyer.
Step #7: Sentencing
Finally, if you are found guilty of DUI, your case will proceed to sentencing. At this stage, you will be required to undergo a Court Reporting Network (CRN) evaluation, and you may be required to undergo a comprehensive Drug and Alcohol Evaluation (DAE) as well. Based on the outcomes of these evaluations, your specific DUI charge, your criminal history (if any), and other relevant factors, the judge will impose penalties following Pennsylvania law.
Request a Free Consultation with Philadelphia DUI Lawyer Brian Fishman
If you face a DUI charge in Pennsylvania, you need experienced legal representation. Please get in touch with us promptly for a free, no-obligation consultation. To confidently discuss your case with Philadelphia DUI lawyer Brian Fishman as soon as possible, call 267-758-2228 or request an appointment.
