DUI COURT

08/03/2022 | Criminal Defense, DUI, Pennsylvania Laws

DUI Preliminary Hearings in Pennsylvania – What Should I Expect?

What You Should Know before a Preliminary Hearing for DUI in PA

If you were charged with DUI of alcohol or drugs in Pennsylvania, you were most likely given a date already for your preliminary hearing. This hearing occurs typically within 30 to 60 days from your arrest and takes place in the local District Court where the DUI arrest happened.

preliminary hearing dui pennsylvaniaThere are several things you should be aware of before this date, so you can make a best effort to prepare for the hearing and defend your rights.

First, you will not be sentenced at the preliminary hearing, as the goal of the hearing is to only determine whether the prosecutor has enough evidence to proceed with the case, such as blood alcohol content (BAC) results and proof that you were operating a motor vehicle from police reports, etc. You will not be sentenced to jail or taken to jail at a preliminary hearing, under most normal circumstances.

Second, the preliminary hearing is where you enter a guilty or not guilty plea. Always speak with an experienced Pittsburgh DUI attorney about your case well before your hearing date. A DUI lawyer is going to help you choose the best option for your circumstances in how to plea.

It’s important to remember that a DUI arrest does not always result in a conviction. You have options, like ARD program or Drug Court that could make a difference, as well as any number of other legal defenses.

Third, the preliminary hearing is the first place where your lawyer is going to be able to begin to negotiate plea options. It is a very important step in the process and it’s critical that you have an experienced and aggressive DUI lawyer to help negotiate on your behalf. It is possible to have your charges significantly reduced or dismissed at the preliminary hearing. 

If the Magistrate judge finds probable cause, she will then send your case to the County Court of Common Pleas, where an arraignment will be scheduled.

Learn more about the DUI Court process in Pennsylvania. 

Have a question about your DUI case or upcoming preliminary hearing in Pennsylvania? Call our team of top Pittsburgh DUI lawyers for a free consultation.

Call Ketchel Law at 412-456-1221. We take your case seriously and are committed to providing quality legal advice.

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01/12/2015 | Criminal Defense, DUI, Your Rights and the Law

DUI Court—Allegheny County (Part II)

Five Phases of DUI Court in Allegheny County

The following information is part II of a two-part segment concerning DUI Court in Allegheny County, Pennsylvania.  Read Part I here.

What is DUI Court?

DUI Court is a specialty court of the Fifth Judicial District of Pennsylvania, Allegheny County specifically designed to address a second DUI or multiple DUI arrests.  If an individual has been arrested for a third DUI and/or has multiple DUI arrests, this program may be an avenue to consider.

Please visit part one of this topic for a general overview of Allegheny County’s DUI Court Program.

For a free consultation of your DUI case, contact a Pittsburgh DUI Lawyer.

Five (5) Phases of the Allegheny County DUI Court Program:

*Components of phases, including the length of each phase, may be subject to change based on the participant’s particular needs, severity of chemical dependence, relapse, and evolving concerns and/or problems.

Additionally, an individual may only move to the next phase upon agreement of the DUI Court Team (See DUI Court—Allegheny County (Part I).

Below is an outline of the five (5) phases of the DUI Court Program in Allegheny County, PA, and what to expect during each phase up and until the point of graduation.

DUI Court – Phase 1:

Length of Time: Approximately 4 months

  • Intensive supervision on electronic home monitoring (“EHM”) (18 months / 90 days of alcohol bracelet monitoring)
    • Windows are available for work, school and treatment
  • Attend progress hearings (1-2 x per month)
  • Weekly contact with supervising probation officer (home & office visits)
  • Attend drug and/or alcohol treatment sessions
  • Attend a minimum of three (3) Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings per week
  • Submit to random weekly drug/alcohol testing
  • Secure full-time employment (or part-time if attending school)
  • Begin to make monthly payments on restitution, costs, fines and/or fees

DUI Court – Phase 2:

Length of Time: Approximately 4 months

  • EHM windows for select social outings will be permitted
  • Attend progress hearings (1-2 x per month)
  • Weekly contact with supervising probation officer
  • Attend drug and/or alcohol treatment sessions
  • Three (3) Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings per week
  • Random weekly drug/alcohol testing
  • Maintain employment
  • Continue to make monthly payments on restitution, costs, fines and/or fees

DUI Court – Phase 3:

Length of Time: Approximately 4 months

  • Electronic supervision is less restrictive (curfew imposed—you are free to come and go)
  • Attend progress hearings (1-2 x per month)
  • Bi-weekly contact with supervising probation officer
  • Continue to attend drug and/or alcohol treatment/aftercare
  • Two (2) Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings per week
  • Random bi-weekly drug/alcohol testing
  • Maintain employment
  • Continue to pay restitution, costs, fines and/or fees

DUI Court – Phase 4:

One Year Mark

  • Removal from EHM and begin intensive probation (6 months)
    • Curfew at 11:00 p.m. through 7:00 a.m. (unless work-related or permission from supervising probation officer)
  • Attend progress hearings (1-2 x per month)
  • Bi-weekly contact with supervising probation officer
    • Random calls from P.O. (If missed, could be a violation)
  • Attend drug and/or alcohol aftercare program as directed
  • Two (2) Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings per week
  • Random bi-weekly drug/alcohol testing
  • Maintain employment
  • Continue with payments

DUI Court – Phase 5:

Length of Time: Approximately 6 months

  • Curfew lifted!
  • Attend progress hearings (1-2 x per month)
  • Contact with supervising probation officer one time per month
  • One (1) Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meeting per week
  • Random monthly drug/alcohol testing
  • Maintain employment
  • Continue with payments

DUI Court Graduation Requirements:

At approximately the 2-year mark:

  • Successful completion of all recommended treatment
  • Minimum of 12 months drug and alcohol-free
  • Completion of all phases
  • Maintain gainful, consistent employment or involvement in a vocation/academic training program
  • Sustain a living environment that is conducive to maintaining a clean and sober lifestyle

For a free consultation of your DUI case, contact a Pittsburgh DUI Lawyer.