What Happens if I’m Arrested for DUI in Pennsylvania?

Written by Timothy Czekaj

Being arrested for driving under the influence can feel overwhelming, especially if it’s your first encounter with the criminal justice system. From the flashing lights of the initial traffic stop to the courtroom process that follows, it’s easy to make mistakes that can make your situation worse.

If you’ve already been arrested for a DUI or received notice of a court date, contact a DUI defense lawyer with Czekaj Law, LLC in New Bloomfield for help. Call 717-275-9770 to start your case.

The DUI Timeline in Pennsylvania, From Stop to Sentencing

A DUI case in Pennsylvania follows a series of predictable stages. The process typically begins with a traffic stop, moves through the arrest and testing phase, and then proceeds into the court system. Each stage is an opportunity for your lawyer to challenge the case against you or limit potential penalties.

The Traffic Stop

Most DUI cases start when an officer notices something unusual—swerving, speeding, running a red light, or other signs of unsafe driving. Once you’re stopped, the officer observes your behavior, speech, and appearance for any signs of intoxication.

If the officer suspects you’re under the influence, they may ask you to perform field sobriety tests. These include:

• Horizontal Gaze Nystagmus test (HGN): Following a pen or finger with your eyes to check for involuntary jerking movements.
• Walk-and-Turn test: Taking nine heel-to-toe steps in a straight line, turning, and returning.
• One-Leg Stand test: Standing on one foot and counting aloud for 30 seconds.

Officers also look for clues such as slurred speech, the smell of alcohol, bloodshot eyes, or trouble balancing. However, many of these signs can have medical explanations—fatigue, injury, or neurological conditions. Tell the officer if you have a medical condition that could cause similar symptoms.

You have the right to remain calm and respectful, but you are not required to answer questions about where you’ve been or how much you drank. You must show your license, registration, and proof of insurance—but that’s it.

Arrest & Chemical Testing

If the officer believes there is enough evidence that you were driving under the influence, you will be arrested. Pennsylvania’s “implied consent” law means that anyone lawfully arrested for DUI automatically consents to chemical testing of their blood, breath, or urine. These tests measure your blood alcohol concentration (BAC) or detect drugs.

Refusing to take a test is your right, but it carries serious consequences. A refusal can result in a one-year driver’s license suspension—even if you are never convicted of DUI. Chemical testing usually occurs at the police station or hospital. Breathalyzers and blood tests must be properly calibrated and administered; errors or contamination can later become key defenses in your case.

After testing, you will be booked and processed. Your vehicle may be impounded, and depending on the time of your arrest and your record, you may be released to a sober driver or held until bail is set.

After Release: Summons, Bail, and Your First Court Date

Most Pennsylvania DUI cases move forward by summons, meaning your formal charges and hearing date will arrive in the mail within a few weeks. Keep an eye out for this paperwork—it’s your official notice to appear in court.

If bail is required, it can range from “unsecured” (no payment required unless you fail to appear) to “cash” bail that must be paid before release. The bail commissioner decides the amount based on your record, the nature of the offense, and whether you are a flight risk.

Failing to appear for any court date can result in a bench warrant and forfeiture of any bail money paid. It’s critical to attend every hearing or have your attorney appear for you when allowed.

Preliminary Hearing

The preliminary hearing is your first real court appearance. This is not a trial—it’s a screening to determine whether the prosecution has enough evidence to continue the case. The judge decides only whether there is probable cause, not whether you’re guilty.

For many defendants, this hearing is a turning point. Your lawyer can:

• Question the officer about the stop and arrest.
• Expose weaknesses in the evidence.
• Negotiate to have charges reduced or dismissed.

If the judge finds insufficient evidence, your case can end here. Otherwise, it moves forward to the next phase.

Arraignment in the Court of Common Pleas

If your case survives the preliminary hearing, it advances to the Court of Common Pleas, usually held in New Bloomfield for Perry County cases. The arraignment is a brief but important hearing where:

• You are formally notified of the charges.
• The court enters a “not guilty” plea on your behalf (you can change this later).
• Filing deadlines for discovery and motions begin.

In some counties, your attorney can waive your appearance at this stage.

Pre-Trial Phase

During the pre-trial phase, your defense attorney requests all the evidence the prosecution has—police reports, lab results, video recordings, witness lists, and calibration records for testing equipment. This process, called discovery, often reveals errors or inconsistencies that can work in your favor.

Your lawyer can also file motions to challenge the legality of the stop or arrest. For instance, if the officer lacked probable cause or violated your constitutional rights, the evidence gathered may be thrown out (“suppressed”).

Many DUI cases resolve before trial through negotiation.

• ARD Program: The Accelerated Rehabilitative Disposition (ARD) program is designed for first-time offenders who did not cause injuries or fatalities. It allows you to avoid a conviction entirely by completing classes, community service, and probation. Once finished, your charges are dismissed and may later be expunged.
• Plea Bargains: If ARD isn’t an option, your attorney may negotiate to reduce your charges or penalties in exchange for a plea.

Trial

If no agreement is reached, your case proceeds to trial. You can choose between a bench trial (heard by a judge) or a jury trial. The prosecution must prove your guilt beyond a reasonable doubt.

Your lawyer can use several strategies to create reasonable doubt:

• Arguing that the stop was unlawful.
• Questioning whether field sobriety or chemical tests were conducted correctly.
• Challenging the accuracy of breathalyzer or blood test results.
• Presenting medical or environmental explanations for “signs of impairment.”
• Highlighting inconsistencies between video evidence and police reports.

If you are found not guilty, your case ends. If convicted, you move to the sentencing phase.

Sentencing and Appeals

At sentencing, the judge considers your BAC level, prior offenses, and any aggravating factors (like accidents or minors in the car). Mitigating factors—like voluntary treatment or steady employment—can help reduce your penalty.

If you believe errors affected your case, you may file an appeal. This challenges how the law was applied or how evidence was handled, not the facts of the case itself.

What Counts as a DUI in Pennsylvania?

You can be charged with DUI if you drive, operate, or are in “actual physical control” of a vehicle while impaired by alcohol or drugs. Pennsylvania law recognizes three alcohol-related tiers:

1. General Impairment: BAC between 0.08% and 0.099%.
2. High BAC: BAC between 0.10% and 0.159%.
3. Highest BAC: BAC of 0.16% or higher.

DUI charges also apply to drug impairment, including illegal substances, prescription medication, and even over-the-counter drugs if they cause impairment.

Special rules apply to:

• Drivers under 21: Legal limit of just 0.02%.
• Commercial drivers: Stricter BAC thresholds.
• Refusals: Refusing chemical testing triggers automatic license suspension.

Pennsylvania uses a 10-year look-back period, meaning any prior DUI conviction within the past decade counts toward higher penalties for new charges.

Pennsylvania DUI Penalties at a Glance

The punishment for DUI depends on your BAC level and how many prior offenses you have.

First-Offense DUI

A first offense is typically an ungraded misdemeanor but can still lead to:

• Up to six months of probation or jail time (for higher BACs).
• Fines between $300 and $5,000.
• Mandatory alcohol education and treatment.
• Possible license suspension (depending on your BAC or refusal).
  Most first-time offenders may qualify for ARD to avoid conviction altogether.

Second-Offense DUI

Penalties increase significantly:

• Five days to five years in jail.
• Fines up to $10,000.
• 12 to 18 months of license suspension.
• Mandatory ignition interlock device for one year after suspension.

Third-and-Subsequent Offenses and Deana’s Law

Pennsylvania’s Deana’s Law (Act 59) increases penalties for repeat offenders:

• Felony charges for those with multiple priors and aggravating factors such as test refusals, BAC above 0.16%, or drug impairment.
• Sentences up to ten years in prison.
• Mandatory consecutive sentences for certain repeat offenses.

Collateral Consequences in DUI Cases

A DUI can affect more than your criminal record. You could face higher insurance premiums, risk losing professional or commercial licenses, or have problems with background checks. You may also experience restrictions on travel or firearm ownership in some cases.

What Are Some Common Defenses in Pennsylvania DUI Cases?

Every DUI case is different. Common defenses include:

• Illegal stop: If the officer lacked reasonable suspicion to stop you, all resulting evidence can be thrown out.
• Improper testing: Breathalyzers must be calibrated and operated correctly; blood samples must be handled properly.
• Medical conditions: Acid reflux, diabetes, or injuries can cause false readings or explain poor test performance.
• Rising BAC: Alcohol levels rise for up to an hour after drinking, so your BAC could have been lower while driving.
• Inconsistent reports: Dashcam or bodycam footage that contradicts police reports can weaken the prosecution’s case.

A skilled defense lawyer knows how to identify these issues and use them to negotiate reductions or dismissals.

Are There Alternatives to Conviction for Eligible Defendants?

The Accelerated Rehabilitative Disposition (ARD) program is often the best alternative for first-time offenders:

• You do not plead guilty.
• You complete classes, community service, and probation.
• Upon completion, charges are dismissed and can be expunged from your record.

Other programs, like Recovery Court or restrictive probation, may be available depending on your county and background. Your attorney can explain which options apply to your case.

What Should I Do After I’m Arrested for DUI?

• Stay silent and respectful. You are not required to answer questions beyond identifying yourself.
• Contact a lawyer immediately. The sooner an attorney intervenes, the better your chances of protecting your rights.
• Watch for court mail. Read everything you receive and mark your hearing dates.
• Write down details. Note where, when, and how the stop occurred, as well as what you said and did.
• Gather evidence. Keep medication lists, receipts, and any communication from police or PennDOT.
• Avoid self-incrimination. Don’t discuss your case online or with anyone but your lawyer.

Perry County Courts and Local Process Notes

If you’re charged in Perry County, your preliminary hearing will take place at the local Magisterial District Court nearest to where you were stopped. If your case proceeds, it will move to the Perry County Court of Common Pleas in New Bloomfield.

It’s common for the criminal complaint to arrive two to three weeks after the arrest. In many cases, your attorney can request a continuance (a delay) if lab results are not yet available. Depending on the circumstances, your lawyer may also waive your personal appearance for minor procedural hearings.

Attorney Timothy Czekaj represents clients throughout Perry, Juniata, and Central Pennsylvania, using his experience to challenge DUI charges and guide clients through every stage of the court process.

FAQs about DUI Arrests in PA

Can I refuse field sobriety tests?

Yes. Field tests are voluntary, but refusal can still lead to arrest if the officer believes you’re impaired.

Will I lose my license if I refuse a breath test?

Probably. Refusal triggers a one-year suspension through PennDOT, separate from any court penalties.

Will I go to jail for a first DUI?

Maybe not. Many first-time offenders qualify for ARD, which avoids jail and a criminal conviction.

What is the ARD program?

ARD (Accelerated Rehabilitative Disposition) allows eligible first offenders to complete a program that leads to dismissal of charges and expungement.

Can a DUI be removed from my record?

If you complete ARD successfully, yes. Otherwise, expungement is limited unless you qualify for a pardon or meet specific criteria.

Should I Hire a Perry County DUI Attorney Early?

Yes, you should contact a DUI defense lawyer ASAP. Facing a DUI charge alone can be risky. A knowledgeable attorney will protect your rights in appearances with law enforcement or in court, challenge the evidence against you, negotiate plea deals or ARD agreements, and help fight your conviction.

Contact a DUI Defense Lawyer in Perry County

When you’re fighting a DUI in Central Pennsylvania, you need a skilled and passionate defense attorney at your side. Don’t wait – call Attorney Tim Czekaj to schedule a consultation today. He understands how stressful getting arrested for driving while impaired can be, and he knows the possible consequences you face if you don’t get your arrest thrown out or if you get convicted. Attorney Czekaj will stand up for your rights, guiding you through the legal process.

Call 717-275-9770 or complete our online form to schedule your consultation today.