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610-436-1410Getting arrested for driving while impaired can be a confusing event, and you may be worried about your future. DUI convictions can leave you without reliable transportation options, and some can even impact your livelihood or independence.
You do not need to face DUI charges alone. Learn more about the timeline of a DUI arrest and how to fight against your conviction.
In Pennsylvania, driving under the influence (DUI) is defined by the driver’s impairment level due to alcohol or drugs, including prescription medications, over-the-counter drugs, and illegal substances.
The legal limit for Blood Alcohol Content (BAC) is 0.08% for most drivers, but lower limits apply to commercial drivers and drivers under 21.
You could face penalties for refusing testing by law enforcement officers. These charges can have a significant impact on your day-to-day life as well as your future.
Your DUI charges will start with a traffic stop and arrest.
If a police officer notices suspicious behavior or erratic driving, the officer will stop you. The officer will then check your condition and behavior, looking for indications that you are under the influence of drugs or alcohol.
During this stop, officers will use sobriety tests to check for impairment.
If an officer determines there is sufficient evidence of impairment through field sobriety tests or a BAC level at or above 0.08%, you could be arrested.
If you are arrested, you should exercise your right to remain silent and ask for an attorney. Remember, anything you say can be used against you in court, so do not answer questions or make statements without your lawyer.
After a DUI arrest, you will be taken to the police station and “booked” into the system. Law enforcement will record your information and generate a report about the course of events leading to your arrest.
You may be tested further. The police may take a blood sample to chemically test your BAC or check for drugs. If you refuse these tests, you can face an automatic license suspension.
After your arrest, you will be in jail until you make bail. Then you will have court appearances and a trial if your charges are not dropped.
After your arrest, you will appear in a preliminary hearing, where the prosecution will show there is enough evidence to submit charges. If so, your case will proceed. You will be given an arraignment date and your bail will be set.
Your bail will depend on several circumstances, like what led to your arrest, your criminal history, and if you are a flight risk. You may need to agree to certain conditions to receive bail.
You will be released once you post your set bail. Your bond could be forfeited if you break the law, so exercise caution.
You will not have a chance to make a plea until your formal hearing in Court of Common Pleas called an arraignment.
The arraignment is typically within 30 days after your arrest. You can enter your “not guilty” plea to allow you to fight your charges.
After you have entered your plea, you will have the opportunity to prepare for your trial. Your attorney can file motions on your behalf that can help your case. Moving to suppress evidence can be a useful strategy for removing ammunition from the prosecutor’s case.
Your attorney can also submit a motion for discovery to find out what information the state has collected and intends to use.
In pre-trial negotiations for DUI cases, attorneys often explore diversionary programs, such as Recovery Court, the Restrictive Probation Program (RPP), or other ways to reduce DUI charges and penalties for their clients.
If you have no prior criminal record, and are facing a first-offense DUI, you might be eligible for Pennsylvania’s Drug Court or the Accelerated Rehabilitative Disposition Program more commonly called ARD.
These two program, Drug Court and ARD, are aimed at first-time offenders, allowing them to avoid trial and, upon successful completion of the program, have their charges dismissed and the arrest expunged from their record. Besides Drug Court and ARD, attorneys might negotiate plea bargains, where the defendant pleads guilty to a lesser charge in return for a lighter sentence, thereby avoiding the risks of a trial.
If your charges have not been dismissed, you will be going to trial. Your attorney will help you prepare for your trial. You are working to introduce doubt into the prosecutor’s case. If the prosecutor cannot prove you were driving while impaired beyond a reasonable doubt, you may not be convicted.
Your attorney will use opening arguments, evidence, witness testimonies, and closing arguments.
If you are convicted and you cannot take advantage of an ARD, you will be sentenced accordingly. Your sentence can vary: for instance, a first DUI, ungraded misdemeanor can result in six months of probation and fines. The sentences only increase from there.
You may be sentenced to probation, community service, or lose your driver’s license for a period of time. A skilled attorney can help reduce the chance of being convicted or help mitigate the sentence you receive.
An appeal might be considered if there are grounds to believe legal errors affected the verdict. This process can challenge the trial’s fairness or legal interpretations.
There are a number of strategies to use to defend your DUI charges, including:
Remain calm and comply with basic requests such as providing your license and registration. However, you have the right to refuse field sobriety tests and to not answer incriminating questions without a lawyer present.
While you can refuse a breathalyzer test, under Pennsylvania’s implied consent law, refusal can lead to an automatic suspension of your driver’s license and potentially harsher penalties if you are later convicted of DUI.
First-time offenders may qualify for the Accelerated Rehabilitative Disposition (ARD) program, which can lead to reduced charges and expungement of the arrest from your record upon successful completion of the program.
A DUI conviction can have serious consequences including fines, license suspension, increased insurance rates, and even jail time. A conviction can also impact your employment, especially if your job requires driving.
Being convicted of driving under the influence can throw off your life, setting you back and limiting your independence. Finding a skilled defense attorney who cares about your future matters. Attorney Michael Skinner and the team at the Skinner Law Firm are ready to hear your case and help you fight for your freedom.
As a former prosecutor, Mike has helped many clients with their DUI charges and knows the legal process inside and out. Call 610-436-1410 for your consultation today.
Michael J. Skinner, the founder of Skinner Law Firm LLC, is a former prosecutor with the Chester County District Attorney’s Office.
By Michael Skinner |
12 Sep, 2024
