When you're facing DUI charges in Pennsylvania, it's crucial to understand the paperwork involved and the timeline you can expect from the initial stop to the resolution of your case. This guide will walk you through the typical sequence of events, the paperwork you might encounter, and the key points you need to be aware of.
The Initial Stop and Arrest
Date of Incident
- Police report
- Chemical test results (BAC levels)
- Citations and Arrest Warrant
Immediately after your stop, if an officer suspects you of DUI, they will conduct sobriety tests, breathalyzer tests, or blood tests to measure your blood alcohol concentration (BAC). If your BAC is over the legal limit, or if you show signs of impairment, you'll likely be arrested.
Documents you might encounter at this stage include:
- Police Report: Details of the stop, your behavior, and the officer's observations.
- Breathalyzer or Blood Test Results: The critical evidence of your BAC at the time of arrest.
- Citations: Tickets for violations like driving under the influence, which you must address.
- Arrest Warrant: If one is issued, this formalizes your arrest.
24 Hours After Arrest: Preliminary Hearings and ARD Program
Accelerated Rehabilitative Disposition (ARD) - An option for first-time offenders.
Within 24 hours, the following happens:
- Arraignment: You're brought before a magisterial district judge, where you'll be informed of your charges, and you must enter a plea. Bail might be set at this point.
- DUI Packet: You'll receive this from the arresting agency, which contains forms to be filled out for potential entry into the ARD program if eligible.
- Preliminary Hearing: Generally scheduled within 10 to 20 days post-arrest. Here, the prosecution must establish probable cause.
Notes:
💡 Note: The ARD program isn't for everyone. It's meant for first-time offenders, those with low BAC, and who haven't caused accidents or significant property damage. Accepting the program results in an immediate driver's license suspension.
14-21 Days After Arrest: Formal Arraignment and Discovery
Discovery Phase
Between 14 to 21 days after your arrest:
- Formal Arraignment: You must appear in court to formally hear your charges, enter your plea, and receive your court date for a trial or plea negotiation.
- Discovery Process: The prosecution provides the defense with evidence, like police reports, BAC results, witness statements, etc., which your attorney reviews to build your defense.
30-90 Days After Arrest: Pretrial Conference and ARD Hearings
At this stage:
- Pretrial Conference: All parties meet with the judge to discuss possible resolutions, plea deals, or motions without needing a full trial.
- ARD Eligibility Hearing: If accepted into the ARD program, your eligibility is confirmed by the court. If granted, you'll need to complete community service, pay fines, attend DUI school, etc.
120-180 Days After Arrest: Plea Negotiations and Trial
If ARD isn't an option:
- Plea Negotiations: You and your attorney might work with the prosecutor to possibly reduce charges or negotiate a plea deal.
- Trial: If no plea agreement is reached, you'll have a trial date set. Here, evidence is presented, and witnesses testify, with the prosecution attempting to prove guilt beyond a reasonable doubt.
Post-Trial: Sentencing and License Suspension
Upon conviction or a guilty plea:
- Sentencing: A hearing where penalties are determined. This might involve fines, jail time, probation, community service, DUI education, treatment, and license suspension.
- License Suspension: If found guilty, your license will likely be suspended by PennDOT.
Understanding this paperwork timeline can help you and your attorney prepare effectively, ensuring you're aware of all deadlines and procedures. Keeping track of the required documents, meeting all court dates, and possibly seeking help through programs like ARD can significantly influence the outcome of your case.
What is the ARD program?
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The ARD (Accelerated Rehabilitative Disposition) program is a pre-trial intervention program designed for first-time offenders with minor DUIs. If you complete the program successfully, your charges can be dismissed, and your record expunged.
How long does a DUI case take to resolve in Pennsylvania?
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The timeline for resolving a DUI case can vary, typically taking 3 to 6 months, depending on factors like ARD program participation, plea deals, and court scheduling.
Can I drive while my DUI case is pending?
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While your case is pending, you might be allowed to drive with an ignition interlock device if eligible. However, upon conviction or ARD program acceptance, your license will be suspended.
