What Happens After a First-Time DUI Arrest in Pennsylvania?
Getting arrested for a first-time DUI in Pennsylvania can be overwhelming, especially if you’ve never dealt with the criminal justice system before. The good news, however, is that an arrest doesn’t equal a conviction. That said, understanding the process and your legal options can help you make informed decisions that may protect your future.
What Happens After an Arrest?
Immediately after the police arrest you for DUI, they usually take you to the station for booking. There, they’ll take your fingerprints, photo, and personal information. You may be scheduled with a preliminary arraignment at this time, whereby the Court will set bail. You might be released after this, or you might need to post bail before you can leave. Your preliminary arraignment may also be scheduled simultaneously with your Preliminary Hearing.
Not long after, you’ll get paperwork listing your upcoming court dates in the mail. The first one is usually a Preliminary Hearing. At this hearing, the court decides if there’s enough evidence to move the case forward and transfer your case from the Magistrate Court to the Court of Common Pleas. If there is sufficient evidence to demonstrate a prima facie case that there is a triable issue of fact that you committed a criminal offense, then your case heads to the Court of Common Pleas for your Formal Arraignment and schedules your first Pre-Trial Conference.
At your Pre-Trial Conference, this is where you engage in plea negotiations and receive your formal discovery documents, including any video footage regarding your arrest. You will also have to make a decision whether you have a legal basis to file a Pre-Trial Motion, such as a Motion to Suppress Evidence at Trial regarding the traffic stop.
At the conclusion of your Pre-Trial Conference, you will make a decision (a) whether to put your case on the Guilty Plea or ARD track, or (b) whether to list your case for the Trial track.
How Pennsylvania Decides First-Time DUI Penalties
Pennsylvania handles DUIs using a three-tier system. The penalties depend mainly on your blood alcohol concentration (BAC) at the time of your arrest or whether controlled substances were involved.
Pennsylvania law established mandatory minimum sentences, as well as tail-ends of a sentence. Parole occurs in between the minimum sentence and the maximum sentence. Oftentimes, you may be able to qualify for immediate parole for a 1st Offense DUI sentence without the necessity of filing a petition for parole with the Common Pleas Judge.
If your BAC is between 0.08% and 0.099%, you’re looking at possible probation, a fine, and mandatory alcohol safety classes, usually without required jail time.
When your BAC is between 0.10% and 0.159%, penalties get tougher. Under this tier, you could face mandatory jail time (2 days to 6 months), steeper fines (up to $5,000), and a license suspension.
If your BAC is 0.16% or higher, or if drugs are involved, the penalties are even harsher. You can expect lengthier mandatory jail time (3 days to 6 months), significant fines (up to $5,000), treatment requirements, and a suspended license.
The Commonwealth of Pennsylvania has governmental website that further describes how DUI enhanced punishments work at the following link.
It is important to note that a Sentencing Judge may not be bound by the mandatory minimum sentence. The Court may have discretion to deviate from the mandatory minimum depending on the facts of your case. This may include whether you have a criminal background, the underlying specific facts regarding your DUI offense, and/or whether there were any injuries to named victims, the Sentencing judge may also look at the Pennsylvania Sentencing Guideline ranges for particular criminal offenses should it wish to consider a sentence beyond the mandatory minimums sentence.
Your Driver’s License May Be Affected
A DUI conviction can mean losing your license, though the length of the suspension depends on the severity of your case. Some first-time offenders qualify for limited driving privileges through an ignition interlock device. In such a case, you may have to drive with the device for a certain period while your regular license is suspended.
Diversion Programs May Be Available
Pennsylvania has a program called Accelerated Rehabilitative Disposition (ARD) that is designed for eligible individuals with little or no prior record. If you qualify and finish the ARD Program successfully, your charges will be dismissed and expunged from your record. That said, getting into the ARD Program is not automatic merely because it is your first charged DUI offense. It depends on your case and the county’s local rules where you were charged in as to ARD eligibility.
Why Having a Lawyer Is Important
Dealing with a DUI charge is not just about appearing in court. An experienced criminal defense attorney knows how to check whether the traffic stop was legal, if your breath or blood test results are accurate, and whether the proper procedures were followed. Your lawyer will also look at options like ARD and work to negotiate a better outcome for you.
Having the right lawyer on your side early on can improve opportunities to negotiate for reduced charges or alternatives to jail. Every case is different, so personal legal advice is a smart move if you want the best possible outcome.
A first-time DUI does not have to define your future. Taking the right steps now can help protect your license, your job, your finances, and your reputation.
Contact Us for Legal Help
If you’ve been arrested for a first-time DUI in Pennsylvania, contact our experienced Lehighton & Carbon County criminal defense attorney at The Law Office of Adam R. Weaver, Esq. for a confidential consultation, and let’s talk about how we can help protect your rights and future.
