PITTSBURGH DUI COURT PROCESS
If you have been arrested for a DUI in Pennsylvania you are most likely wondering what will happen next and how you can begin to defend your rights. Your future and the consequences you face after a DUI arrest is dependent on what happens throughout the DUI process.
Pennsylvania has fierce laws against drinking and driving.
A first-time DUI in PA could mean up to six months in prison and a $5,000 fine, not to mention the possibility of losing your license. The outcome of the court process will determine what penalties you face and whether you will be convicted.
The Pittsburgh / Allegheny County DUI court process can be confusing, but it is important to understand your charges, the consequences you face and what to expect in order to be prepared to fight for your rights.
If you have been arrested or charged with a DUI, the very first thing you should do is contact an experienced and aggressive Pittsburgh DUI lawyer for a free legal consultation.
Attorney David J. Shrager is personally available via his cell phone, 24/7 and will return your call or text as soon as he can if he is in court at the time of your call.
A 2016 ruling by the U.S. Supreme Court may impact your DUI case – Read more about the recent Birchfield Ruling.
_______________________________________________
BEING ARRESTED FOR A DUI DOES NOT
HAVE TO MEAN THAT YOU WILL BE CONVICTED.
CALL OR TEXT DAVID J. SHRAGER TODAY FOR A
FREE LEGAL CONSULTATION: 412-969-2540.
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HOW THE PITTSBURGH DUI COURT PROCESS WORKS
The following outline shows the steps in the DUI Court Process in Pennsylvania. It is important to remember that unless and until you are found guilty of a DUI, you will not go to jail or have your license revoked (unless you refused BAC testing, which is an automatic loss of a driver’s license from PennDOT). However, DUI punishments are very strict in PA and having the best legal defense to attack your DUI charges may have a large part to play in having your charges dropped or reduced.
The Preliminary Hearing
The first step in the DUI court process is the preliminary hearing, which typically occurs three to ten days after the arrest. You will receive (by summons) the date for the preliminary hearing in the mail. This is the first time you will appear in court and the charges against you will be read. The preliminary hearing takes place at the Magisterial District Court.
It is important to have an experienced DUI defense attorney at your side throughout this process in order to fight to have your charges reduced or dismissed. During your hearing, the officer who made your arrest will be present. This can be the toughest part of the entire process and having an experienced lawyer who knows the ins-and-outs of these proceedings is essential to helping your case.
During this hearing the prosecutors have to prove that a DUI took place and you committed the DUI. It is possible for a DUI attorney to have the case dismissed if the prosecution lacks evidence that a DUI was committed. It is also possible for a DUI attorney to negotiate to have the charges reduced.
If the court proceeds with your case, the next step is the formal arraignment, which will be scheduled at the preliminary hearing.
The Formal Arraignment
A judge will be assigned to your case at your formal arraignment. Here you will see the police reports pertaining to your DUI arrest.
This arraignment is also very important because it is at this time that you can request acceptance into the ARD program from the District Attorney. The ARD program is usually for first-time offenders only and is a much less severe punishment that having a DUI on your permanent record.
The Pre-Trial Conference
Every county in Pennsylvania has a different way of managing the pre-trial conference. Your DUI lawyer will explain the process in more detail depending on the county, but the important thing to know is that the pre-trial conference is where your attorney can ask for information from the District Attorney and the arresting law enforcement officers. Your DUI lawyer will also be able to examine the BAC blood test or other lab reports.
This is the stage where your attorney can negotiate a plea bargain with the prosecution. If a plea deal is not possible, the case will move to trial.
The Trial
At the trial, the jury will deliver a guilty or not guilty verdict and the judge will sentence you if the jury finds you guilty.
_______________________________________________
BEING ARRESTED FOR A DUI DOES NOT
HAVE TO MEAN THAT YOU WILL BE CONVICTED.
CALL OR TEXT DAVID J. SHRAGER TODAY FOR A
FREE LEGAL CONSULTATION: 412-969-2540.
________________________________________________
APPEALING A DUI CONVICTION
It is possible to make an appeal after a DUI conviction. Your attorney will be able to explain in detail how this process will work and what you can expect given your unique circumstances. An appeal may not be an option in every case.
When you make an appeal for a DUI, a higher court will review your case for mistakes that may have occurred in your previous trial / conviction. Your attorney will make attempts at your case being dismissed or re-tried based on an error that could have influenced the jury’s verdict.
If you want to make an appeal, you have only ten days after sentencing to do so. If you think you may want to appeal your DUI sentence, contact Pittsburgh DUI Lawyer David J. Shrager for a free consultation.
_______________________________________________
BEING ARRESTED FOR A DUI DOES NOT
HAVE TO MEAN THAT YOU WILL BE CONVICTED.
CALL OR TEXT DAVID J. SHRAGER TODAY FOR A
FREE LEGAL CONSULTATION: 412-969-2540.
________________________________________________
HOW YOU CAN FIGHT FOR YOUR RIGHTS
The most detrimental thing you can do is simply nothing and hope this all goes away. It won’t. The longer you wait to contact an attorney, the worse your situation could get.
Stop panicking and let us do the worrying for you — we are here to help. We will fight aggressively for your rights and work hard to protect your future.
What Shrager Defense Attorneys Can Do For You
At Shrager Defense Attorneys, we empathize with your situation and will talk to you plainly about the consequences you may face. Our staff will never talk down to you or make you feel worse about your situation. We are here to help you understand the charges brought against you and the legal proceedings you face.
We will examine the DUI charges brought against you and the police reports and videotape to see if the police treated you fairly and all evidence was collected legally. If it was not, your case could be dismissed.
We will prepare you for the preliminary hearing, which will determine whether or not your case will be moved forward to prosecution for a DUI. Having a good DUI lawyer present during your hearing can make all the difference in whether or not your charges will be reduced or dismissed.
We will weigh all of your options, including a trial, negotiated pleas, and Accelerated Rehabilitative Disposition (ARD), to get your charges and fines reduced or dropped.
Shrager Defense Attorneys are experienced DUI Lawyers in Pittsburgh, PA who, for years, have been fighting and winning DUI cases. Don’t delay — let us defend your rights and protect your future.
Have questions about a DUI in Pennsylvania? Here are some resources:
- First Time DUI in PA
- Second DUI in PA
- DUI Drug Charges
- Defenses for a DUI
- Multiple DUIs in Pennsylvania
- Allegheny County ARD Program
- DUI with a CDL
- DUI – Prescription Meds
- DUI Accident with Injuries
- Underage Drinking and DUI Charges
- Driving While Under DUI License Suspension
- Homicide by Vehicle While DUI
- Record Expungement
- Pennsylvania DUI Laws
- Choosing a DUI Lawyer
- Birchfield Ruling on DUI – Recent Changes to DUI Convictions and Penalties
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FREE Legal Consultation
Call 412-969-2540 right now for a FREE initial legal consultation. Speak directly with David J. Shrager 24 hours a day, 7 days a week.
Shrager Defense Attorneys in Pittsburgh, PA will attack your criminal charges in order to protect your good name. Have a sound and solid case prepared by David J. Shrager and his legal team so they can fight for your rights.
- Learn more about our Pittsburgh Criminal Lawyers
- Read client testimonials and success stories
- First-time DUI? Learn what is at stake and how to proceed
- Contact Shrager Defense Attorneys Today