What Happens after a DUI Arrest in PA?

Written by Timothy Czekaj

Driving under the influence (DUI) is one of the most serious traffic offenses in Pennsylvania, carrying significant legal and personal consequences. If you’ve been arrested for DUI, knowing what lies ahead can help you navigate the situation more effectively.

Here’s what to expect after a DUI arrest in Pennsylvania, from the initial stop to the final resolution of your case.

How Does a DUI Arrest Begin?

In most cases, a DUI arrest in Pennsylvania starts with a traffic stop. The officer will look for signs of impairment, such as weaving between lanes, speeding, or erratic behavior. This is known as “probable cause,” which gives the officer the legal justification to pull the driver over and investigate further.

Sometimes, DUI checkpoints are set up in areas with high incidents of impaired driving. During the stop, the officer will observe your behavior and may ask you to perform field sobriety tests, such as walking in a straight line or standing on one leg. If the officer determines that you are impaired, they will proceed to conduct a breathalyzer or blood test to measure your blood alcohol content (BAC) level.

Arrest and Transportation to the Police Station

If the officer believes you are under the influence, you will be placed under arrest and transported to the police station. During the arrest, the officer will read you your Miranda rights, which inform you of your right to remain silent and to have an attorney. Anything you say can be used against you later in court, so it’s best to limit your communication to requesting legal representation.

Chemical Testing

Once you arrive at the police station, you will be asked to undergo chemical testing, such as a breathalyzer or blood test. These tests are designed to measure your blood alcohol concentration (BAC) or the presence of drugs in your system. In Pennsylvania, the legal BAC limit is 0.08% for most drivers, and 0.04% for commercial drivers.

The Consequences of Refusing Chemical Tests

Pennsylvania has an implied consent law, which means that by driving, you automatically consent to chemical testing if lawfully arrested for DUI. Refusing to take these tests can lead to an automatic license suspension for up to one year, even if you’re not convicted of DUI. The refusal can also be used as evidence against you in court. While the decision to refuse chemical testing is a personal one, it’s important to weigh the potential consequences carefully.

What Happens in Booking and Processing?

After the chemical test, you will be booked and processed. This involves being fingerprinted, photographed, and formally charged with DUI and any related offenses. Booking is a routine part of the arrest process and typically takes place at the police station. Depending on the circumstances, you might be released on bail or held in custody until your preliminary arraignment.

Initial Court Appearance: Setting Bail and Understanding Your Charges

After processing, you will be brought before a judge for an initial court appearance. During these early hearings, the prosecution must present enough evidence to show that there is a reasonable basis to believe you committed the offense. If the judge finds that the evidence is insufficient, the charges may be dismissed or reduced. However, if the judge believes the evidence is strong enough, the case will proceed to trial.

You will be informed of the charges against you and have the opportunity to enter a plea. The judge will also determine the conditions of your release, which may include posting bail and agreeing to certain restrictions, such as not driving or consuming alcohol.

Preparing for Trial

Before your trial, your attorney may file pre-trial motions to address issues such as the legality of the traffic stop, the accuracy of the chemical tests, or the admissibility of certain evidence. For example, if the police conducted an illegal search during your arrest, your attorney might file a motion to suppress that evidence. If the court grants the motion, the prosecution may have a weaker case, potentially leading to a dismissal or reduction of charges.

DUI Trial Process in Pennsylvania

If your case goes to trial, the prosecution must prove your guilt beyond a reasonable doubt. The prosecution will present its evidence, which may include police reports, chemical test results, and witness testimony. Your attorney will have the opportunity to cross-examine the prosecution’s witnesses and present your defense, which may include expert testimony or evidence that challenges the prosecution’s case.

Potential Outcomes of a DUI Trial

If you are found not guilty, the charges will be dismissed, and you will be free to go. However, if you are convicted, the judge will impose a sentence, which may include fines, license suspension, mandatory alcohol education programs, community service, and possibly jail time.

The severity of the sentence will depend on factors such as your BAC level, your prior criminal record, and whether the DUI resulted in an accident or injury.

Consequences of a DUI Conviction in PA

A DUI conviction can have far-reaching consequences beyond the courtroom. One of the most immediate effects is the impact on your driving privileges. Depending on the specifics of your case, your driver’s license may be suspended or revoked for a period of time. You may also be required to install an ignition interlock device on your vehicle, which prevents the car from starting if it detects alcohol on your breath.

Other Collateral Consequences of Conviction

A DUI conviction will remain on your criminal record, which can affect your employment prospects, housing opportunities, and more. Employers, landlords, and even educational institutions often conduct background checks, and a DUI conviction could limit your options. Additionally, your car insurance rates are likely to increase significantly, and some insurance companies may even refuse to cover you.

How a DUI Lawyer Can Help if You’re Arrested

Navigating the DUI process can be overwhelming, but having an experienced DUI attorney on your side can make a significant difference. An attorney can help you understand your rights, build a strong defense, and guide you through each stage of the legal process.

Whether it’s negotiating a plea deal, challenging the evidence against you, or representing you at trial, a skilled attorney will work to achieve the best possible outcome for your case.

Call Czekaj Law, LLC if You Were Arrested for a DUI in Pennsylvania

If you were arrested and charged with a DUI in Pennsylvania, you don’t have to face it alone. The DUI attorneys of Czekaj Law can help you navigate the legal system effectively and work toward a resolution that minimizes the impact of a DUI arrest on your life.

Call 717-275-9770 today or contact us to schedule a consultation.