If you are facing a Philadelphia DUI (driving under the influence) charge, it is critical to make sure that you are considering all of the options you have available. Even for first-time offenders, DUIs carry steep penalties (including possible jail time in some cases), and having a DUI conviction on your record can negatively impact your life in a variety of ways. Choosing the best way to approach your case is essential—and the best approach depends on the specific circumstances at hand.

Before you can choose the best approach to your DUI case, you first need to know what options you have available. So, what are your options in your Philadelphia DUI case?

5 Ways to Resolve Your Philadelphia DUI Case

Generally speaking, there are five ways to resolve a DUI case in Philadelphia. But, while some of these options are available in every case, others are not. An experienced DUI attorney can help you understand the options that are available in your case, and then your attorney can use his or her experience to help you seek the best outcome possible in light of your specific circumstances.

The five ways to resolve a Philadelphia DUI case are:

1. Going to a Bench Trial

By default, your Philadelphia DUI case will be scheduled for a “bench trial.” In a bench trial, the judge renders a verdict instead of a jury. While there can be benefits to requesting a jury trial in some cases (as discussed below), there can be benefits to accepting a bench trial as well. For example, some of the reasons you might want to consider a bench trial include:

  • The judge will be intimately familiar with Pennsylvania’s DUI laws, while jurors will not.
  • The judge will also be intimately familiar with the constitutional protections that apply in DUI cases, while jurors will not.
  • The judge will render an unbiased decision, uninfluenced by preconceived notions or emotions.

Bench trials are also typically quicker and less expensive than jury trials—and these are also factors that will require consideration in some cases. Ultimately, however, the costs of a DUI conviction will far outweigh the costs of putting on a successful defense, so your main focus should be on choosing the option that is most likely to result in a favorable outcome.

2. Requesting a Jury Trial

While your DUI case will automatically be scheduled for a bench trial, you have the option of requesting a trial by a jury of your peers. But, you only have a limited amount of time to request a jury trial, so you will want to discuss this option with a DUI attorney as soon as possible. If jury trials are typically more expensive than bench trials, why would you want to choose this option? Some of the main reasons to consider a jury trial include:

  • As a defendant, you can participate in the jury selection process (and your DUI attorney can help make sure you receive an impartial jury).
  • The jury must reach a unanimous verdict to convict you of driving under the influence.
  • You will have the opportunity to ask the judge to acquit before the jury deliberates; and, if the jury convicts you, you will have access to additional grounds for appeal.

Additionally, being able to play to jurors’ emotions can be beneficial in some cases. While jurors’ emotional tendencies might work against you if you are being accused of causing a serious or fatal accident while driving under the influence, they could work in your favor if you are a sympathetic defendant. Again, your DUI attorney can help you weigh the pros and cons and choose the best option based on the unique facts of your case.

3. Getting Your DUI Charge Dismissed Before Trial

Whether you choose a bench trial or a jury trial, you will also want to work with your DUI attorney to determine if you have grounds to seek dismissal of your DUI before your trial begins. Some examples of grounds for seeking pre-trial dismissal include:

  • An unconstitutional traffic stop
  • An unconstitutional arrest
  • Withholding of material evidence
  • Insufficient evidence of guilt
  • Violation of your constitutional right to a speedy trial

Getting your DUI charge dismissed before trial is the best-case scenario. While there are additional options for avoiding trial—which we cover below—this is the only option that allows you to completely avoid facing consequences as a result of your DUI arrest.

4. Negotiating a Plea Deal with the Prosecutor’s Office

Negotiating a plea deal with the prosecutor’s office is another option for avoiding trial. But, while negotiating a plea deal allows you to avoid the risk of a Philadelphia DUI conviction (and the consequences that come with it), you will still face some consequences due to your arrest.

Typically, negotiating a plea deal in a Philadelphia DUI case means pleading guilty to reckless driving. While reckless driving charges carry fines and a possible driver’s license suspension, these consequences are nowhere near as severe as the consequences of a DUI conviction.

5. Entering Into the Accelerated Rehabilitative Disposition (ARD) Program

Finally, if you are eligible for Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program, you will also want to consider this option as an alternative to taking your DUI case to trial. If you complete the ARD program successfully, your Philadelphia DUI charge will be dismissed entirely.

There are several requirements under the ARD program, some of which are easier to meet than others. As a result, you should not automatically seek ARD if you are eligible. But, if you are eligible—and if successfully fighting your DUI at trial is unlikely—then

ARD could be an even better alternative than negotiating a plea.

Arrested for DUI in Philadelphia? Discuss Your Case with DUI Attorney Brian Fishman in Confidence

If you are facing a Philadelphia DUI charge, we strongly encourage you to contact us for more information. To discuss your options with DUI attorney Brian Fishman in confidence, call 267-758-2228 or request a free consultation online today.