Got A DUI Charge? Here’s The DUI Legal Process

Why You Need A DUI Attorney If You Get A DUI Charge

All the counties surrounding the mid-state including, Delaware, Chester, Lancaster, Montgomery, Berks,?and Dauphin Counties, have experienced a spike in DUI arrests over the last several years.?

Hiring a Lawyer for DUI cases is no small decision. Call The Shelton Firm today at (717) 823-0899 for a free consultation and get the answers you’re looking for.

“You can never solve a problem with the same kind of thinking that created the problem in the first place.”

– Albert Einstein

What Happens When You Get A DUI Charge

Every DUI Trial is an extremely methodical and technical proceeding.  There are two legal issues prevalent in every DUI Prosecution.

First is the stop of the motor vehicle.?

A vehicle stop can be disputed for a variety of reasons, including that the Police Officer did not have the Probable Cause to stop you for a motor vehicle violation.?

The second legal issue in every DUI stop is whether the Blood or Breath test was conducted according to the standards set by the state.?

Several issues can invalidate the results of the blood/ breath test and can lead to the dismissal of the DUI charges.

The DUI Law in Pennsylvania states that a person, may not drive a vehicle if he has drank enough alcohol to 1) render him or her incapable of safely driving the vehicle, or 2) place his BAC above the .08% level.?

  • The law also renders punishments through a three-tier system.
  • The higher your blood alcohol content the tougher the punishment.?
  • Punishments can range from no jail, all the way up to a mandatory minimum of at least one year in state prison.?

Will Your License Be Suspended For A DUI?

You are also required to turn over your license and adhere to a driver’s license suspension.? Read more about driving under suspension.

Don’t face these high fines and Mandatory Minimum sentences alone! Call The Shelton Firm today and make sure you get the best possible outcome.

The legal process that follows a DUI charge is a daunting task and one that should not be tried alone. It’s extremely important to contact and employ an Attorney early in the process to ensure you get the best result possible.

Your DUI attorney may interview potential witnesses, or compile pictures of the scene in order to formulate the best case defense. Investigations should be conducted while witnesses’ memories are fresh and evidence, like video and audio, can be preserved.  

All these things could make a big difference in the outcome of your case.     

What Are The Steps After You Are Arrested For DUI

The first step following a DUI arrest is the Preliminary Arraignment.  

  • At an arraignment, a Judge will read the charges against you, and ask you what you intend to plead.  
  • After you have entered a plea of Not Guilty, the judge sets your bail and schedules a preliminary hearing date.  

Prior to Trial, a Preliminary Hearing is the first court date that you must attend.

It’s of utmost importance that you have secured Counsel at this point.  

Your Attorney has the opportunity to speak with opposing counsel and the arresting officer and may have the possibility to get some or all of the DUI charges dismissed. If the Prosecution is able to provide enough evidence to support the belief that a crime was committed and that you were the one to commit the crime, then the case will move forward.  ???????????????

Following the Preliminary Hearing, but prior to Trial, you are given the opportunity to request discovery

At The Shelton Firm we offer legal services ranging from Criminal Defense, Personal Injury, Automobile Accidents, DUI, Divorce and Separation Issues, Expungements and Sealing of criminal records, and Traffic Ticket defense. Our goal is to bring quality and affordable representation to the residents of Chester, York, and Lancaster County.