THE DUI DEFENSE SPECIALISTS
Lancaster, York, Harrisburg, Adams, Berks, Cumberland and the Reading Area of PA.

Pennsylvania DUI Law Court Procedure

Note: Inexperienced attorneys usually advise you to Waive the Preliminary Hearing and/or tell you to appear at the Hearing alone. Appearing alone is never a good idea and Waiving the Hearing can be a big mistake. Much needed information can be obtained at this Hearing which will be crucial to a successful defense.

Also if you refused a chemical test or if the arresting officer alleged that you refused the test you will receive a separate notice from PENNDOT advising you to surrender your driver’s license for one year. This action can be appealed but action must be taken immediately.

Most District Justices are not trained judges or even attorneys. The vast majority of District Justices are retired police personnel. Consequently they are not invested with much authority. Their job when presiding over a Preliminary Hearing is simply to decide if they think it is more likely that the DUI was committed or not. They listen to the arresting officer and by statute must believe every word he/she says. Therefore, almost all DUI charges are sent to the Court of Common Pleas for final disposition.

The options in the Court of Common Pleas are as follows:

1. Plead guilty and go to jail.

2. Apply for ARD (first offenders only).

3. Plead not guilty and demand all of your rights including but not limited to hearings to determine the probable cause of the arresting officer to stop you and/or demand a chemical test, the admissibility and/or reliability of the chemical test, the true nature of the alleged refusal to take a chemical test. The option best suited for you depends on many factors all of which should be discussed with an attorney immediately.