Navigating a DUI charge in Pennsylvania can be daunting, particularly if you’re unfamiliar with the criminal process that follows. At Kellis Law Firm, we specialize in DUI defense and are here to guide you through each step of the criminal process for DUI in Pennsylvania, ensuring you understand your rights and options at every stage.
1. Initial arrest and charges
The criminal process for a DUI in Pennsylvania begins with the arrest. Law enforcement may arrest you if they have probable cause to believe you are driving under the influence of alcohol or drugs. This could be based on observations such as erratic driving, field sobriety test performance, or breathalyzer test results.
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Pennsylvania’s implied consent law
Under Pennsylvania’s implied consent law, by holding a Pennsylvania driver’s license, you automatically consent to chemical testing if suspected of DUI. Refusing these tests can increase penalties, including a mandatory one-year driver’s license suspension.
2. Preliminary arraignment and bail
Following the arrest, you will undergo a preliminary arraignment where the charges against you are formally read. At this stage, bail is typically set. The primary factors influencing bail decisions include the offense’s severity, criminal history, and ties to the community.
3. Preliminary hearing
The preliminary hearing is the next step in the criminal process for DUI in Pennsylvania. This is your first opportunity for a judge to determine if there is sufficient evidence to charge you with a DUI. Here, your defense attorney can argue against the validity of the evidence, potentially leading to charges being dropped or reduced.
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4. Pre-trial conferences and motions
Before the trial, there will be pre-trial conferences where your attorney and the prosecution may discuss plea bargains. Your attorney might also file pre-trial motions to suppress evidence if it was obtained illegally, which can significantly strengthen your defense.
5. Trial
If no plea agreement is reached, the case proceeds to trial. DUI cases in Pennsylvania can be tried before a judge (bench trial) or a jury. At trial, the prosecution must prove beyond a reasonable doubt that you were driving under the influence. Your defense team will present evidence and arguments in your favor, challenging the prosecution’s case.
6. Sentencing
If you are convicted of a DUI, the sentencing phase will follow. Pennsylvania has a tiered approach to DUI sentencing, which considers your blood alcohol content (BAC) level at the time of the arrest and whether you have previous DUI convictions. Penalties include fines, jail time, mandatory alcohol education classes, and license suspension.
7. Appeals
If convicted, you have the right to appeal the court’s decision. An appeal is not a new trial but a request for a higher court to review the lower court’s proceedings for legal errors that could have affected the outcome of your case.
The role of Kellis Law Firm
At Kellis Law Firm, we understand the complexities of the criminal process for DUI in Pennsylvania. With decades of experience, we provide expert representation, from challenging the traffic stop and evidence obtained to negotiating plea deals and defending you at trial. We aim to achieve the best possible outcome, whether a case dismissal, reduced charges, or acquittal at trial.
We’re here to help you navigate the DUI process with ease
The criminal process for DUI in Pennsylvania is intricate, with numerous steps and legal nuances. Having skilled legal representation can make a significant difference in the outcome of your case. If you or a loved one is facing DUI charges, contact Kellis Law Firm to protect your rights and maximize your chances of a favorable resolution.
Understanding your rights and the legal processes involved in a DUI case is crucial. At Kellis Law Firm, we’re here to help guide you through this challenging time with expertise and compassion.