Arrest For Owi In Pennsylvania
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DUI offenders are to be released promptly following arrest unless: 1) they pose a danger to themselves or others; or 2) the arresting officer has reasonable grounds to believe they will not appear in court as required. Upon release, a criminal complaint shall be filed within 5 days.
Your first court appearance after a Pennsylvania DUI arrest will be at an initial arraignment, or usually at a "preliminary hearing". At the arraignment, the charges against you will be read and you will be asked to enter a plea of guilty or not guilty.
NEW LAW (EFFECTIVE NOVEMBER 9, 2022) The new law mandates that any newly imposed DUI sentences be imposed consecutively if the individual has two or more prior offenses (with one exception noted below). This addition will be added as § 3804(c. 2) under to the existing “Penalties” part of the law.
With the first offense, there usually is no license suspension. However, second and third offenses result in a 12-month license suspension. You will also be required to an ignition interlock device. This device requires drivers to perform a breathalyzer test before they start their car.
If the bodily alcohol content is . 16 or higher, 72 hours in jail is required. However, jail time is not mandatory for a first DUI in PA if the bodily alcohol content is general or less than . 10.
The 5-day rule is a procedural guideline requiring law enforcement to file a criminal complaint within five days of releasing someone arrested for DUI. While it's an important rule, it's not a magic wand that can automatically get your charges dismissed if it's missed.
This rule mandates that DUI offenders must be released promptly after arrest unless they pose a danger or are unlikely to appear in court. A criminal complaint must also be filed within five days of the arrest. Understanding this rule can significantly impact the outcome of a DUI case.
In Pennsylvania, eligible individuals convicted of DUI may be able to avoid severe mandatory minimum sentences by, instead, serving a sentence of intermediate punishment. The two available alternatives under the intermediate punishment program are house arrest and alternative housing (“half-way house”).
In most jurisdictions, a judge can allow you to serve some, if not all, of a DUI sentence's jail time under house arrest. The maximum length of any DUI house arrest is then (at most) equal to a state's penalties for a DUI offense.
