The Pennsylvania DUI Process

A Guide to Pennsylvania DUI proceedings in PA Criminal Court

Following your arrest for DUI in Pennsylvania, criminal charges will be filed against you. The typical process for criminal DUI cases in Pennsylvania is listed below. Keep in mind that each case is different, however, and the information below may vary depending on the nature of your charges and the circumstances of your case. Furthermore, the process listed below does not include the administrative civil process that will occur in cases involving administrative license suspensions (please refer to the PA driving tab). Be sure to consult with a local Pennsylvania DUI attorney in your area for more information on the legal process and what to expect in your case.

PRELIMINARY HEARING - the first hearing following your DUI arrest in Pennsylvania is your preliminary hearing. At this hearing, the state has the burden of establishing that a particular crime has occurred (DUI) and that you were the one who committed it.  Evidence must be presented to establish that probable cause exists for each element of your charges.

ARRAIGNMENT - the next court date following your preliminary hearing is called your arraignment. The arraignment typically occurs 30 to 60 days after your preliminary hearing, except for DUI offenders who are still in police custody (in which case an arraignment hearing must take place within 48-72 hours following your arrest). Individuals released on their own recognisance or due to the posting of bail will receive notice of when their arraignment will occur. At the hearing, the judge will inform you of the charges against you and you will be asked to enter a plea. If you plead guilty, a sentence will be imposed. If you plead not guilty, your case will be set for trial.

PRETRAIL HEARINGS - pretrial hearings are hearings held prior to trial to update the court on the progression of your case. Issues with scheduling and discovery may be discussed at this time. Pretrial conferences with the prosecutor may be held, during which plea negotiations may occur. If a plea agreement is reached, you will go before the judge and enter the plea onto the record. If not, your case will be set for trial.

**NOTE - Pennsylvania has a special option for certain DUI offenders called Accelerated Rehabilitative Disposition (ARD). The ARD program offers alcohol and drug treatment programs as opposed to incarceration. ARD is only available in limited circumstances and has specific eligibility requirements. DUI defendants with prior convictions within the last 10 years, DUI with Child Endangerment, and cases involving serious bodily injury or property damage are typically not eligible for ARD.

MOTION HEARINGS - once your case has been set for trial, your attorney may wish to file defense motions. Common examples include motions challenging an illegal stop, and motions to suppress chemical test results. Once a motion is filed, a hearing will be held. At the hearing, your attorney will have the opportunity to cross examine the police officers and other witnesses involved in your case, as well as call expert witnesses to testify on your behalf. The purpose of Motion hearings is so that the judge may determine which evidence will or will not be admissible at your trial. Successful motion hearings will result in the suppression of damaging evidence, which may prompt the state to offer you a better plea.

TRIAL - although most Pennsylvania DUI cases are resolved prior to trial, a jury or bench trial may occur in certain circumstances. Under Pennsylvania law, there is no right to a jury trial for certain DUI cases, such as first offense DUI charges.  As such, jury trials occur in DUI cases in which the defendant has a history of prior offenses, and/or a BAC of .16 or higher. Alternatively, a bench trial may occur, where the judge acts as both judge and jury, resolving issues of fact as well as issues of law.

Almost every PA DUI jury trial consists of 12 jurors, and it must be held within one year of the day in which you entered your plea.The first stage of a jury trial is jury selection, followed by opening arguments, direct and cross examination of witnesses, presentation of evidence, closing arguments, and jury deliberation. Once a verdict has been reached it is read to the court and entered onto the record.

SENTENCING - The judge will then impose a sentence if the verdict is guilty, or dismiss the case if the jury returns a not guilty verdict. See our description of Pennsylvania DUI Penalties.

APPEAL - Pennsylvania DUI defendants found guilty have a right to appeal, but they must file a request for an appeal within a certain time period as prescribed by law, or their right to appeal will be considered "waived."