What to Expect After a DUI Arrest in Pennsylvania: A Step-by-Step Guide
What to Expect
Posted: Monday, March 11, 2024
By:
Paul Bauer
What to Expect After a DUI Arrest in Pennsylvania: A Step-by-Step Guide
Being arrested for DUI (Driving Under the Influence) is a serious and overwhelming experience, especially in Pennsylvania, where the laws are strict and penalties can vary depending on several factors, including your blood alcohol content (BAC). Understanding the process ahead can help you prepare for the next steps. Here’s what typically happens after a DUI arrest in Pennsylvania.
1. The Arrest
If a police officer suspects you of driving under the influence, they will likely conduct a field sobriety test or administer a breathalyzer. If these tests indicate impairment, the officer will arrest you for DUI. At this point, your vehicle may be impounded, and you will be taken to the police station for booking.
In Pennsylvania, you are subject to the state’s implied consent law, meaning that by driving, you agree to submit to chemical testing (such as breath, blood, or urine tests). Refusal to comply can result in an automatic one-year license suspension, even if you are not ultimately convicted of DUI.
2. Booking and Processing
Once you’ve been arrested, you will be taken to a local police station for booking. This process includes taking your fingerprints, mugshot, and recording your personal information. You will be asked to undergo a chemical test to determine your BAC. In Pennsylvania, the level of impairment is categorized into three tiers based on BAC:
• General Impairment: 0.08% to 0.099%
• High BAC: 0.10% to 0.159%
• Highest BAC: 0.16% or higher
These tiers will affect the severity of your charges and penalties.
3. Release from Custody
After booking, you may be released in one of the following ways:
• Bail: You may need to post bail, a payment made to ensure that you will appear in court. If bail isn’t set immediately, you might have to wait for a bail hearing.
• Release on Your Own Recognizance (OR): In some cases, the court may release you without bail if you are considered a low flight risk, with the promise to return for your court date.
4. Court Appearance (Arraignment)
Your first court appearance is the arraignment, where you will be formally charged with DUI. At this point, you will be asked to enter a plea: guilty, not guilty, or no contest. If you plead not guilty, the case will proceed to trial.
This is also where it becomes important to understand Pennsylvania's ARD Program (Accelerated Rehabilitative Disposition). This pre-trial program is available to first-time offenders and allows you to avoid jail time, license suspension, and fines by completing probation, alcohol education, and community service. Successful completion may result in expungement of the DUI charge.
5. Driver’s License Suspension
In Pennsylvania, even for a first offense, your driver’s license may be suspended based on your BAC level:
• General Impairment: No license suspension for first-time offenders.
• High BAC (0.10%-0.159%): 12-month suspension.
• Highest BAC (0.16% or higher): 12-month suspension.
If your license is suspended, you may apply for an Occupational Limited License (OLL) or an Ignition Interlock Limited License (IILL). These options allow you to drive to work, school, or medical appointments during your suspension period.
6. Pre-Trial and Negotiation
If you plead not guilty, your lawyer may begin negotiations with the prosecutor to reduce your charges or reach a plea agreement. They will also gather evidence to challenge the arrest or test results. For example, your attorney may question the accuracy of the breathalyzer test or the legality of the traffic stop.
7. Trial
If no resolution is reached through negotiation, your case will go to trial. Both sides will present evidence, and the judge or jury will determine the outcome. If convicted, the severity of your penalties will depend on your BAC, whether this is your first offense, and any aggravating factors (such as causing an accident or injury).
8. Penalties for a DUI Conviction
The penalties for a DUI conviction in Pennsylvania depend on your BAC and whether you’ve had prior offenses. Here’s a breakdown of typical penalties:
• General Impairment (0.08%-0.099%): Probation, fines, and alcohol education. No mandatory jail time or license suspension for first-time offenders.
• High BAC (0.10%-0.159%): Mandatory jail time (48 hours to 6 months), a 12-month license suspension, fines, and alcohol education.
• Highest BAC (0.16% or higher): Steeper penalties, including mandatory jail time (72 hours to 6 months), a 12-month license suspension, and higher fines.
Repeat offenses result in more severe penalties, including longer jail sentences, larger fines, and lengthier license suspensions.
9. Post-Conviction Options
If you are convicted, you may have post-conviction options such as filing an appeal or seeking to have your record expunged through Pennsylvania’s ARD program. An experienced DUI attorney can help guide you through these options.
Conclusion
A DUI arrest in Pennsylvania is a serious matter, but understanding the process can help you navigate it with confidence. From the arrest and court appearance to possible penalties and post-conviction relief, knowing what to expect can ease some of the stress. Hiring an experienced DUI attorney is critical in ensuring that you have the best defense and are aware of all your legal options.
If you're facing a DUI charge in Pennsylvania, don't hesitate to reach out for a consultation. Our team can help you understand your options and build a defense tailored to your case.
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Paul A. Bauer, III, Esquire