PA DUI DWI Attorneys. What Happens After A DWI DUI Arrest In Pennsylvania

Chad J. Vilushis - Grant C. Travis
PA DUI Lawyer - Erie PA DUI - Edinboro PA DUI - Meadville PA DUI - Warren PA DUI - Mercer PA DUI

Attorney Grant C. Travis
Attorney Chad J. Vilushis
Pennsylvania Drunk Driving Defense

100 State St. • Ste. 210 • Erie, PA • 16507
Call us: 814-455-3839 • Driving Directions

102 Lorna Lane • Edinboro, PA • 16412
Call us: 814-734-6076 • Driving Directions

400 Market Street • Warren, PA • 16365
Call us: 814-723-6120 • Driving Directions

What happens after a DUI arrest in Pennsylvania?

1. Preliminary Hearing:

The Preliminary Hearing is a probable cause hearing. This is, the Commonwealth must prove a prima facie case. That is, it must be proven that a crime was committed, and you are probably the one that committed the crime. This is a critical stage in the defense of your case. Police officers and witnesses may be cross-examined and a stenographic record of the proceedings may be made for use at later stages in the case. Waiving this hearing without the benefit of an attorney can be a critical mistake.

2. Arraignment:

Typically, held 30 to 60 days after your arrest. At this court appearance you are advised by a trial judge of the charges against you. If you have an attorney, you may not have to appear. It is primarily for advisement of rights. If you have an attorney, he will advise you outside of court.

3. Pre-trial Conference:

This is held in some counties in Western Pennsylvania. Your attorney will discuss your case with the Prosecutor and may seek to negotiate the best possible plea bargain. It will happen about 6 weeks after arraignment. The date is set by the Court.

4. Suppression Hearing:

The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. A suppression motion must be filed within 30 days of the arraignment in order to preserve these issues. The hearing usually takes place anywhere from 6 weeks to 3 months after the preliminary hearing.

5. Accelerated Rehabilitative Disposition (A.R.D.)

If the case is not dismissed on pre-trial motions, you may wish to have your attorney negotiate your entry into Accelerated Rehabilitative Disposition (A.R.D.) (if you are eligible) or negotiate a plea agreement with the prosecution. A.R.D. can be a very attractive option because it calls for no jail time and puts you in a position to earn an expungement (dismissal) of your arrest record-offense leaving you with no criminal record! It can also entail a much shorter drivers' license suspension than if you are convicted. I will discuss this option with you in detail when we meet to discuss your case.

6. Trial:

You are entitled to a trial by a jury of twelve. In some cases, it may be beneficial to have a trial in front of a judge in a court trial. Pennsylvania DUI law changed dramatically on October 1, 2003. The right to a jury trial may not be available in some cases.

7. Sentencing:

The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, in home detention, community work service, alcohol classes and fines. Sentencing law in Pennsylvania is fairly complicated and therefore again, you should only hire an experienced D.U.I. defense lawyer.

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