What Happens Next

After being charged with DUI and once you have been released, the next thing that should happen is you contacting an experienced Pennsylvania DUI lawyer. Attorney Gary E. Gerson defends clients in the Pittsburgh area and throughout western Pennsylvania against all DUI / DWI / and DAI charges. Mr. Gerson will help you to understand Pennsylvania's drunk driving laws as they apply to your case and will fully and clearly explain the court process so you will know what to expect as the case moves forward.

Legal proceedings involved in the DUI court process may include, in order:

• preliminary arraignment
• preliminary hearing
• formal arraignment
• pretrial conference
• hearings on pretrial motions
• trial, diversion programs and/or plea hearings
• sentence hearings
• hearings on post-sentence motions
• appeals

The initial proceeding after arrest is a Preliminary Arraignment. The purpose of the proceeding is to advise the accused of the initial charges, set a bond, and schedule the case for a Preliminary Hearing (typically within 10 days).

A Preliminary Hearing is exactly what it suggests--- a hearing that is preliminary to a determination of whether the charges will be held for trial in the Court of Common Pleas. Because the proceeding is not a trial, issues of guilt or innocence, or the credibility of witnesses are not relevant. Rather, the judge is concerned solely with whether the Commonwealth can meets its burden of proving "more likely than not" the accused was operating or in physical control of the movement of a vehicle at a time when his or her blood alcohol content was .08% or higher. In cases where there was a refusal to submit to chemical testing of breath or blood, the court is concerned with whether the Commonwealth has met its burden of proving the accused was incapable of safe driving due to consumption of alcohol or controlled substances. Typically, testimony from the arresting officer that the accused was observed operating a vehicle, and proof of blood alcohol content in the form of a receipt from a breath testing device or laboratory report concerning a blood draw will be sufficient for the Commonwealth to meet its burden of proof.

At Formal Arraignment, the accused receives a copy of the formal charges to be defended against, enters a plea of "not guilty", has the case assigned to a trial judge, and receives a date for a Pretrial Conference. The proceeding also triggers filing deadlines for various pretrial motions, including requests for discovery. Generally, defense counsel files an Appearance prior to Formal Arraignment, and will determine whether there is a recommendation for resolution of the charges through a diversion program such as ARD. If it appears that the accused is eligible for ARD, an interview with the Office of the District Attorney will be scheduled, and ultimately an approval hearing will follow.

In cases where an accused is not eligible for diversion, a Pretrial Conference is scheduled to advise the trial judge as to whether pretrial motions have or will be filed; and, if not, whether the accused intends to proceed with a trial defense or alternatively, enter a plea. Regardless of how the accused intends to proceed, a date for final resolution of the charges will be scheduled.

In certain cases, pretrial motions may be filed contesting the legality of the traffic stop resulting in the DUI arrest. If, after a hearing on the motions, the judge determines the police acted illegally and in violation of the various constitutional rights of the accused, all physical evidence, including blood alcohol content, will be "suppressed" and the prosecution prohibited from offering the evidence into the trial record. Frequently, suppression of evidence results in a withdrawal of charges.

Generally, a ruling on pretrial motions will determine whether a case will proceed to trial. As previously noted, if suppression is granted the prosecution has no scientific evidence of intoxication to offer into evidence, and may withdraw all charges. However, if suppression is denied, the prosecution will offer all testimony and scientific evidence of intoxication into the trial record; and effectively prevent a successful trial defense.

Plea hearings are scheduled where an accused is not eligible for a diversion program such as ARD, and where there is no viable defense available to the accused. In such circumstances, the judge will conduct an "on-the-record" colloquy with the accused to confirm that the guilty plea is knowingly, intelligently and voluntarily entered. Having done so, the judge will typically proceed with sentencing.

If an accused is dissatisfied with his sentence he may file post-sentence motions seeking to: withdraw a guilty plea, request the court to reconsider the previously denial of an attempt to withdraw a guilty plea, to "arrest" the judgment of conviction resulting from a guilty plea, or modify the sentence. Post-sentence motions must be in writing and filed within 10 days of sentencing. Generally, the court has 120 days to act on the motions. If no action is taken, the motions are deemed denied by operation of law.

Finally, the accused has a right of appeal which must be taken within 30 days of sentencing or, alternatively, within 30 days of the denial of any filed post-sentence motion. In cases involving guilty pleas, there are only 4 bases for an appeal: a) the court had no jurisdiction to hear the case, and/or b) the sentence imposed by the judge was illegal, and/or c) the guilty plea was not knowingly, intelligently or voluntarily entered, and/or d) defense counsel was incompetent and ineffective. In cases involving denial of pretrial motions or guilty verdicts after trial, appeals may address judicial error or sufficiency of evidence. Generally speaking, appeals are taken on second or subsequent DUI convictions due to the more severe penalties involved.

Don't make the mistake of assuming all DUI case outcomes are predictable. In reality, every case is unique and "fact specific". You need an attorney capable of explaining the various options and applicable defense strategies that may be available. For over 20 years, Attorney Gary E. Gerson has represented individuals charged with DUI, and is experienced at negotiator of recommendations for ARD or the favorable terms of a plea agreement, or providing a vigorous trial defense.