Driving Under the Influence (DUI) charges may be brought in Pennsylvania when an officer believes that probable cause exists that a person has been driving their vehicle while under the influence of drugs or alcohol.
Grading
The charge of DUI can be an ungraded misdemeanor or a graded misdemeanor depending on the BAC level, whether a BAC test was refused, and if the defendant had a previous offense. This is extremely important because the grading of the charges will eventually dictate the length of the license suspension, the amount of the fines, and the length of any jail sentence. (See Chart)
What Happens Next
When a person has been charged with DUI, they must first attend a Preliminary Hearing at a District Court. Depending on how the case is handled, a defendant will generally have their charges held over to the Common Pleas Court. Chester County, Montgomery County, and Berks County all handle DUI cases differently at this level. At the Common Pleas Court level, the defendant has several options available to them. These options range from pleading guilty to holding a trial to force the Commonwealth to prove their guilt beyond a reasonable doubt. If your charges are handled as an ungraded misdemeanor, you may not compel the Commonwealth to hold a trial by jury. Instead, you will have your case held by a judge in what is known as a bench trial.
Defenses Available
There are several defenses available to the defendant depending on the circumstances. These defenses could include whether the officer really had probable cause, whether too much time elapsed between the stop and Blood Alcohol Test, whether evidentiary problems exist in proving the BAC, etc.
Mitigating the Charges
To mitigate the devastating effects of the DUI on the defendant, there are some alternative sentencing programs available depending on the county in which the charges are brought. For example, Accelerated Rehabilitative Disposition (ARD) may be an option but is not available at certain BAC levels in all counties. In addition, the ARD Division of the County may look at other factors involved with the DUI case to deny the Defendant this alternative course of action. Some of these factors include whether an accident was involved, whether a minor was in the vehicle, whether anyone was injured, etc. Some counties offer an Intermediate Punishment Program (IPP) or alternative program to mitigate the effects of the DUI if this was a subsequent DUI charge to the Defendant.
PennDot Case
Keep in mind there are two cases created when someone is charged with a DUI. The first case is the criminal charge that the defendant must face in the county where the DUI charge is brought. The second case is the Pennsylvania Department of Transportation (PennDot) charge that deals with the potential license suspension a person faces if the plead guilty or convicted of the DUI charge.
Driving with a Suspended License
There are subsequent serious ramifications a defendant could face if they are found guilty of driving with a suspended drivers license that is DUI related. This is commonly known as a §1543 (b) charge. Although it is graded as a summary offense, the defendant faces a potential 90 days in jail and $1000.00 fine if found guilty of these charges. In addition, because it is a summary offense, the judge at the Preliminary Hearing can actually hold a trial to determine a defendant's guilt or innocence in relation to these charges.
The bottom line is that it is imperative to contact an attorney as soon as possible to face these charges head on. The firm of Ross & Schnarrs, P.C., can help you face these matter in a professional, courteous, and dignified manner.
