If you have been arrested for driving under the influence (DUI) in Pennsylvania, it is vital to make sure you know what comes next. It is also essential to ensure that you know how to protect yourself. Facing a DUI in PA is a serious matter, and if you do nothing, you could end up facing serious consequences.

So, what happens after a DUI arrest in PA? Once you have been arrested, your case will move quickly. As a result, you need to be proactive about protecting yourself and avoid oversights and mistakes that could jeopardize your defense.

The Next Steps in Your DUI Case

Protecting yourself starts with knowing the next steps in your DUI case. The first step—your preliminary hearing—will come quickly. While you can waive your initial hearing, you should only do so under certain circumstances, and simply failing to appear can lead to a bench warrant being issued for your arrest.

The major steps in a Pennsylvania DUI case are as follows:

  • Preliminary hearing (or waiver if warranted in your case)
  • Application for Accelerated Rehabilitative Disposition (ARD) or Alternative Sentencing Program (ASP) (if you are eligible)
  • Plea deal negotiations (if this is in your best interests)
  • Arraignment  (or waiver if warranted, and if this is an option in your county)
  • Discovery and pre-trial motions
  • Trial (if you have not resolved your case through a plea bargain, ARD, or ASP)
  • Sentencing (if you are convicted of DUI at trial)

These steps require strategic planning, preparation, and a clear understanding of the opportunities and risks. As a result, it is critical to work closely with an experienced DUI lawyer who can help protect you by all means available. An experienced lawyer can help you make informed decisions like waiving your preliminary hearing and seeking a plea deal. Your lawyer can communicate with the judge and the prosecutor’s office on your behalf.

Requesting an Administrative Hearing to Protect Your Driver’s License

One of the most confusing aspects of a DUI case in PA is that there are often two separate legal proceedings involved. The first is your criminal case, which involves the steps we discussed. The second is your administrative hearing.

If your driver’s license was suspended due to your DUI arrest, you must request an administrative hearing at the Department of Motor Vehicles (DMV) to protect your driving rights. You must do this quickly—within 10 days of your arrest—or else you won’t be able to have your suspension overturned. While there is no guarantee that you will be able to restore your driving privileges, there are several potential defenses available, and it is well worth discussing your options with a DUI lawyer before you run out of time.

The Possible Outcomes of Your DUI Case

Turning back to your criminal case, there are several potential outcomes. But to secure any outcome other than a conviction, you must take action. As we discuss below, a DUI conviction in PA can have severe consequences—both in and out of court—and these are consequences that you should seek to avoid if at all possible. The potential outcomes of a DUI case in PA are:

  • A “Guilty” verdict in court
  • A “Not guilty” verdict in court
  • A pre-trial dismissal of your DUI charge
  • A plea bargain that avoids trial (which typically involves pleading guilty to a “wet reckless”)
  • Avoiding trial (and a conviction) through the ARD program

Generally, pre-trial dismissal of your DUI charge is the best-case scenario. This not only allows you to avoid penalties entirely but also avoids the inherent uncertainty of taking your DUI case to trial. With that said, seeking a plea bargain or entering into the ARD program will be the prudent choice in many cases, and your DUI lawyer will be able to explain what you can reasonably expect so that you can make an informed decision.

The Penalties You Could Face In (and Out of) Court

If you get convicted of DUI in court, you will face steep penalties. The specific penalties you are facing will depend on the level of your DUI charge and various other factors. Generally speaking, however, the penalties for a DUI in PA can include:

  • Fines
  • Costs and surcharges
  • Jail or prison time
  • Driver’s license suspension (even if your administrative hearing is successful)
  • Ignition interlock device installation

Along with these court-imposed penalties, a DUI conviction in PA can have various other consequences. For example, if you are a student, professional, military service member, or foreign citizen, a DUI conviction could have a direct and profound impact on your life.

What You Can (and Should) Do to Protect Yourself After a DUI Arrest in PA

With all of this in mind, what can (and should) you do to protect yourself after a DUI arrest in PA? If you are facing a DUI charge, you must hire an experienced lawyer. But you have too much at stake to take unnecessary chances. An experienced DUI lawyer can help you avoid unnecessary consequences—whether this means helping you enroll in the ARD or ASP program, negotiating with prosecutors on your behalf, representing you at your administrative hearing, or fighting your DUI case in court.

Request a Free Consultation with Philadelphia DUI Lawyer Brian Fishman

If you have been arrested for driving under the influence in Pennsylvania, we can help you, but you must contact us promptly. Once you get in touch, we will arrange for you to speak with Philadelphia DUI lawyer Brian Fishman in confidence as soon as possible. To schedule a free, no-obligation consultation at The Fishman Firm, call us at 267-758-2228 or tell us how we can reach you online today.