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610-436-1410
Free Consultation:
610-436-1410After you get charged with a DUI in Pennsylvania, it’s normal to want your life to be simple again. You don’t want to think about fines, laws, and possible jail time. And you certainly don’t want to go to court. If that sounds like you, you’re not alone.
Court can be stressful for those unfamiliar with the process. And that stress is much worse when your criminal record, driver’s license, and freedom may be on the line. Working with a skilled West Chester DUI defense lawyer could be the key to fixing your problem before it goes to court.
To avoid court for a DUI, you need to understand the court process for DUIs in West Chester. The first step in this process, unfortunately, is your arrest for driving under the influence. The police will book you and file a criminal complaint, charging you with DUI. Your preliminary hearing will be scheduled next. This is your first court appearance. If you feel strongly that you do not want to appear in court at all, you can waive this hearing.
However, keep in mind that you might give up a key chance to get your DUI charge dropped or dismissed. Talk to your lawyer about whether waiving this hearing is wise in your case.
After the preliminary hearing, your case heads to the Court of Common Pleas of Chester County. This is where your trial will take place. Your drunk driving defense lawyer will fight to resolve your DUI case before it goes to trial.
Court isn’t a must when you’re charged with a DUI. Below, we look at three ways you might be able to avoid going to court.
Pennsylvania’s ARD program won’t allow you to avoid court entirely, but it could help you avoid a trial. You will still have to appear at your preliminary hearing. And if the court thinks ARD could be an option for you, you may have to attend an ARD hearing.
This program offers an alternative to jail time. If you are eligible for it, you will have to complete certain requirements. These could include:
ARD for a DUI is possible. But there are strict requirements for getting into the program. Talk to your lawyer to see if ARD is an option in your DUI or drugged driving case.
Your lawyer can help you avoid a trial by seeking a plea deal for you. These deals can take many forms, but the basic idea is that you agree to plead guilty to a lesser charge than DUI.
There’s no better way to avoid going to court than to have your charges dismissed or dropped. That way, you are free and clear. You can get back to your life.
This may sound like a fantasy, but it happens. Sometimes, there are holes in the case against you. If your lawyer can use those holes to convince the prosecutor that a trial isn’t worth it, they or the judge may drop or dismiss the charge.
After a DUI arrest, your license may be suspended depending on the severity of the charge and whether it is your first offense. In some cases, you may be able to apply for an occupational limited license (OLL) to drive for work or essential travel. Your lawyer can help you determine your eligibility.
Refusing a breathalyzer test can lead to immediate consequences under Pennsylvania’s implied consent law. You could face an automatic license suspension, even if you aren’t convicted of a DUI. This refusal could also be used as evidence against you in court.
In Pennsylvania, a DUI conviction generally cannot be expunged unless you complete the ARD program. If you successfully finish ARD, you may be able to clear your record. However, multiple offenses or more severe DUI charges may not be eligible for expungement.
The penalties for a first-time DUI vary based on your blood alcohol content (BAC) level at the time of arrest. They can range from fines and probation to mandatory alcohol treatment, license suspension, and even jail time. The penalties increase significantly for repeat offenses.
The timeline for a DUI case varies. If you take a plea deal or enter a diversion program like ARD, your case may resolve in a few months. If your case goes to trial, it can take six months to a year, depending on court schedules and legal proceedings.
Missing a court date can lead to serious consequences, including a bench warrant for your arrest. It could also negatively impact your case and reduce the chances of getting a favorable outcome. If you miss a hearing due to an emergency, contact your lawyer immediately to address the situation.
Getting a DUI doesn’t mean you will have to go to court. Although there are some cases where court will be unavoidable, a lawyer can help you resolve your DUI with as little time in court as possible. That way, you can lower your stress, focus on what matters, and get back to your life.
If you’ve been charged with a DUI in West Chester, Phoenixville, Exton, Wayne, Kennett Square, Oxford, Coatesville, or anywhere in Chester County, it’s time to act.
To team up with a trusted DUI lawyer, contact Skinner Law Firm. Our experienced team will give you an honest assessment of your options to move forward. Schedule a free consultation today.
Give us a call at 610-436-1410 or contact us online.
Michael J. Skinner, the founder of Skinner Law Firm LLC, is a former prosecutor with the Chester County District Attorney’s Office.
