First-Offense DUI in Pennsylvania: What You Need To Know

Driving under the influence (DUI) is a criminal charge in Pennsylvania.  It can—sometimes, but not always—lead to incarceration.  If you’ve ever seen the billboards that say “DUI—you can’t afford it” –this is true.  DUI cases are expensive—not only in lawyer fees but in all the other fees from the court, probation and fines.  And if you had an accident, there are costs associated with restitution, higher insurance, and many other costs. 

If you are charged with DUI for the very first time in Pennsylvania, here’s what you need to know.

DUI Arrest in Pennsylvania:

Usually people are arrested but not held in custody on DUI cases.  This means the police would normally hold you in custody long enough to have blood drawn and/or wait for you to “sober up,” and then release you, especially if you live locally.  If you live further away, or have a significant criminal record already, police will likely put you on a video screen to have you arraigned by a magistrate judge, who then sets your bail.  Either way, once a charges are filed, you’ll need to get an attorney as soon as possible. 

When you start looking for an attorney for a DUI case, it should be a criminal defense attorney from that community.  So if you have a DUI case in Lehigh County or Northampton County, you should get a criminal defense attorney (me or someone like me) who does all criminal defense in Lehigh and Northampton County.  Attorneys coming from other counties will not be familiar with police, prosecutors, judges and their procedures. 

Though an outside attorney may technically know the DUI laws of Pennsylvania, he or she will be greatly hindered by their unfamiliarity with how DUI cases are handled here.  The opposite is also true—if someone calls me about a DUI case in Philadelphia or the Poconos, I give them some names of lawyers I trust who do criminal defense in that area.  Because if I walk into a courtroom on a DUI case in the Poconos, the judge is likely going to say to me “who are you?” 

Testing

There are various tests available to police related to DUI cases.   These include field sobriety tests (FSTs) like standing on one leg, counting backwards, etc.  There are breath tests for the presence of alcohol.  There are examinations police do on you if they suspect a DUI based on drugs rather than alcohol (for example, police looking to see if your eyes flutter—a sign of cocaine usage, or need marks on you—a sign of heroin injection).

And then, of course, there is the blood test that police will ask you to undergo if arrested on suspicion of DUI.  One thing to keep in mind is that most police are outfitted with cameras these days—dash cameras and shoulder cameras.  So if a case gets filed against you, that camera footage will eventually be available as evidence—for both sides to use.

Pennsylvania has laws governing when and how police can ask you to submit to a blood test after arrest for a DUI.  There are also situations where someone needs to be taken to a hospital, rather than immediate arrest and transport to the booking center.  At that point, blood may be drawn by hospital personnel for purposes of medical treatment.  There are laws governing those situations in terms of how police can obtain your blood results.  

The laws regarding blood results, warnings for failure to submit to blood testing and other issues have changed in Pennsylvania.  You should discuss all of this in great detail with your attorney. 

DUI Court Hearing in Pennsylvania:

If you are arrested on a DUI and then released after a few hours, the police will then need to decide if they are filing a DUI charge.  In Lehigh and Northampton County, this decision is usually made within a couple weeks.  Once police file charges, you will be notified through a court summons that you’ve been charged and given a notice for your first court hearing in the case.  If you receive the charge papers in this fashion, it is time to get an attorney, if you haven’t already done so.

Some DUI cases as first offenses are eligible for ARD, but not all.  There are legal issues that can prevent you from obtaining ARD, by law in Pennsylvania.  Then there are additional issues that can create a challenge to obtaining ARD, which is offered at the discretion of the District Attorney.  For example, if you are not a U.S. citizen, some prosecutors will not grant you ARD. 

Additionally, most some prosecutors will not grant ARD if there are additional charges with the DUI, such as fighting with the police.  Finally, judges can also reject you from getting into ARD, even if the prosecutor has offered it.  Some judges will not grant ARD if the DUI is based on a substance other than alcohol or marijuana.  All of this should be discussed with your attorney. 

DUI Fines and Penalties in Pennsylvania:

The court costs and fines associated with DUI cases are high in Pennsylvania.  Your blood alcohol level (or other substance) at the time of your arrest will factor into the severity of punishment, including fine.

When your BAC cannot be determined or is between.08 % and less than .10%, you are are typically then charged with a DUI in lowest tier.  There are various obligations that you’ll need to meet for the court.  Depending on numerous factors, you might be eligible for ARD, if and if not, you might be able to work out a plea agreement that still involves probation, without jail.

If your blood result is between .10% and .159%, you’ll be charged in middle tier.   If you are convicted, (found guilty or plead guilty), your license will normally be suspended for a year as a result, and you may also go to jail or pay a steeper fine. The likelihood of being subjected to obligatory therapy or treatment increases at this level, however, it varies from case to case.

If your blood result is .16% or above, you would be charged in highest tier, which carries higher fines and punishment, including exposure to longer jail sentences, and a one-year suspension of your license.   You will probably also be subject to court-ordered counseling or treatment in addition to your previous punishments.

Arrested or Charged with DUI? Get Help Now!

If you are arrested for a first-time DUI offense, make sure to work with an experienced DUI lawyer.  If it happened in Lehigh or Northampton County (Allentown, Bethlehem, Easton, or surrounding towns), get an experience criminal defense attorney here.   

Avoid simply entering a guilty plea and tap into your lawyer’s expertise to plan the next move. Get a better idea to prepare strong defenses and to determine with defenses are actually viable in your case. To learn more about your options, contact Attorney Kathryn Roberts today.