Being arrested for DUI can leave you with a lot of questions.
A DUI charge is serious, but an arrest is not the same as a conviction. The facts of your case matter, and there may be legal issues that should be examined before you make decisions about how to proceed.
If you have been charged with a first DUI in Pennsylvania, Our DUI defense attorneys help individuals facing DUI charges throughout Central Pennsylvania. This blog post covers some of the things you should know.
What Happens After Your First DUI Arrest in Pennsylvania
What happens next depends on the circumstances surrounding your arrest, including your blood alcohol concentration (BAC), whether drugs were allegedly involved, whether there was an accident, whether you submitted to chemical testing and other factors.
Pennsylvania has different levels of DUI offenses based in part on BAC and the circumstances of the alleged offense. The potential consequences can include fines, probation, license suspension, alcohol highway safety school, treatment requirements and, in some cases, jail time.
That does not mean every person charged with DUI will face the same outcome.
One of the first things a criminal defense attorney should do is look closely at what actually happened before, during and after the traffic stop.
Can Police Pull You Over if They Suspect DUI
Police cannot legally stop a vehicle based on a hunch alone. They need an appropriate legal basis for the traffic stop, which may include observed driving behavior, a traffic violation or other circumstances that give them reason to believe a violation has occurred.
After the stop, an officer may look for additional signs of possible impairment and ask questions such as:
- Where are you coming from?
- Have you been drinking?
- How much did you have to drink?
- When was your last drink?
What you say during a DUI investigation can become evidence.
You are generally required to provide identifying and vehicle-related information during a lawful traffic stop, but that does not mean you are required to answer every question about where you were, what you were doing or whether you consumed alcohol.
You should remain calm and respectful, but you do not have to help the police build a case against you.
Do You Have to Take Field Sobriety Tests in Pennsylvania?
Generally, you are not required to perform roadside field sobriety tests in Pennsylvania. You can decline tests such as walking heel-to-toe or standing on one leg.
That does not mean refusing a field sobriety test will prevent an arrest. Police may rely on other observations and evidence when deciding whether they have grounds to arrest someone for DUI.
Field sobriety tests can also become part of the evidence used in a DUI case, and the results are not necessarily as straightforward as they may appear. Medical conditions, injuries, road or weather conditions, footwear and the way a test was administered can potentially affect a person’s performance.
It is also important to distinguish field sobriety tests from chemical testing of breath or blood after a DUI arrest. Pennsylvania’s implied consent law applies to chemical testing, and refusing certain chemical tests can result in separate driver’s license consequences.
A DUI defense attorney can review what tests were requested, how they were conducted and how the results are being used in the case.
What Happens if You Refuse a Breath or Blood Test?
This is an important distinction.
Roadside field sobriety tests and chemical testing following a DUI arrest are not the same thing.
Pennsylvania has an implied consent law. If you are arrested for DUI and refuse a requested chemical test under circumstances covered by the law, PennDOT can impose a separate driver’s license suspension. That suspension can apply even if you are ultimately not convicted of DUI.
Because a refusal can create consequences separate from the criminal DUI charge itself, it is important to tell your attorney exactly what testing was requested, what you were told by police and what happened next.
Will You Lose Your License After the First DUI?
Not necessarily. A first DUI in Pennsylvania does not automatically result in the same driver’s license suspension for everyone. The consequences depend on factors such as the level of the DUI charge, BAC, whether drugs were allegedly involved and whether a chemical test was refused.
For someone who relies on a vehicle to get to work, care for family members or meet other responsibilities, the possibility of losing driving privileges can be one of the biggest concerns following an arrest.
An attorney can review the charge and explain the potential licensing consequences that apply to your particular situation.
Could You Go to Jail for a First DUI in Pennsylvania?
Yes, jail time is possible for a first DUI in Pennsylvania, but it is not required in every first-offense case. The potential penalties depend on the level of the DUI charge and the circumstances involved.
Pennsylvania uses different DUI penalty tiers. A first offense involving general impairment carries different potential penalties than a first offense involving a higher BAC, the highest BAC tier, certain controlled substances or other circumstances.
This is one reason it can be misleading to search online for a single answer to “What happens after a first DUI?” Two people who have never been charged with DUI before can face very different circumstances.
What Is ARD, and Could It Apply to a First DUI?
Some first-time DUI defendants may be eligible for Pennsylvania’s Accelerated Rehabilitative Disposition, commonly called ARD.
ARD is a pretrial diversionary program that may provide an alternative to traditional prosecution for eligible individuals. Eligibility is not automatic, and acceptance can depend on the circumstances of the offense as well as requirements established by the county in which the case is being handled.
If ARD may be an option in your case, an attorney can help you understand the requirements, potential benefits and consequences before you decide how to proceed.
Can a DUI Charge Be Challenged?
Yes. Being charged with DUI does not mean there is nothing left to investigate.
Depending on the facts of the case, a defense attorney may examine questions such as:
- Did police have a lawful basis to stop the vehicle?
- Was there sufficient evidence to make the arrest?
- Were field sobriety tests administered appropriately?
- Was chemical testing handled properly?
- Were required procedures followed?
- Are there problems with the evidence the prosecution intends to use?
Every DUI case is different. The goal is not to assume what happened based on the charge, but to examine the evidence and determine what options are available.
An experienced criminal defense attorney can examine the circumstances surrounding the stop, arrest and testing to determine whether there are issues with the evidence or procedures used in your case.
What Should You Do After a DUI Arrest?
One of the most important things you can do is address the situation early. Do not wait to speak with a criminal defense attorney before making decisions about your case.
Keep any paperwork you received from police or the court. Write down what you remember about the traffic stop, testing and arrest while the details are still fresh. Be careful about discussing the case with other people or posting about it on social media.
There may be deadlines, court dates and driver’s license issues that need attention. The sooner an attorney understands what happened, the sooner that attorney can begin evaluating the evidence and helping you understand your options.
Talk With a Pennsylvania DUI Defense Attorney
A first DUI can be frightening, especially when you do not know what comes next. You do not have to figure that out on your own.
Dethlefs Pykosh & Murphy represents individuals facing DUI and other criminal charges throughout Central Pennsylvania, including Harrisburg and the surrounding area. Our DUI defense attorneys can review the circumstances of your arrest, explain the process and help you understand the options available in your case.
If you have been arrested or charged with DUI, contact Dethlefs Pykosh & Murphy to schedule a free consultation.
