If you’ve been arrested for driving under the influence (DUI) in Pennsylvania, the first formal step in the criminal process is the preliminary arraignment. You might be feeling anxious, overwhelmed, or unsure of what’s coming next. The good news is that if you have an experienced DUI defense attorney, you don’t have to go through it alone—and knowing what to expect can make a big difference in how you approach your defense.
- What Is a Preliminary Arraignment?
The preliminary arraignment is usually your first court appearance after a DUI arrest. It typically happens within 72 hours of the arrest (or a few days later if you were released and received a summons by mail). The arraignment is in front of a magisterial district judge in the county where the arrest occurred.
At this stage, the goal is not to prove guilt or innocence. Instead, it’s a procedural step that kicks off the court process.
- What Happens at the Preliminary Arraignment?
Here’s what usually happens:
- You’re formally notified of the charges: The judge will inform you of the charges filed against you. In DUI cases, this typically involves violations of 75 Pa.C.S. § 3802. This statute describes different levels of DUI based on your blood alcohol content (BAC), drug use, or refusal to submit to testing. The judge will read the complaint and explain the charges in plain language.
- Bail or release conditions are set: The judge will determine whether you’ll be released on your own recognizance, required to post monetary bail, or subject to non-monetary conditions, such as drug/alcohol testing or travel restrictions. In many first-time DUI cases, you may be released without having to post cash bail.
- You’re informed of your rights: The judge will advise you of your rights, including the right to an attorney, the right to remain silent, the right to a preliminary hearing, and the right to apply for a public defender if you can’t afford a lawyer. If you don’t yet have a lawyer, now is the time to get one.
- You’ll enter a plea: You will have the opportunity to plead guilty, not guilty, or no contest.
- Preliminary hearing scheduling: If you plead not guilty, at the end of the arraignment, the judge will set a date for your preliminary hearing.
- Tips to Protect Yourself at the Preliminary Arraignment
Court appearances can be frightening, especially if it’s your first time. Follow these tips to set the right tone:
- Dress appropriately: It’s a court appearance, and first impressions matter. Business or business casual attire is a safe bet.
- Arrive early: Missing your arraignment can lead to a bench warrant.
- Don’t speak to the judge about your case: Save all facts and arguments for your lawyer.
- Hire a DUI defense attorney: If you haven’t already, now is the time to get legal representation. Your attorney can advocate for better bail terms and start building your defense right away.
- Talk to an Experienced Lancaster DUI Defense Attorney Today
An experienced lawyer can advocate for your best possible outcome, from negotiating bail terms to challenging the prosecution’s evidence. While every case is different, the earlier you hire an attorney, the better positioned they may be to have your charges reduced or dismissed.
Chieppor & Egner LLC is here to help you navigate the DUI process in Lancaster. We’re ready to protect your rights and fight for the best possible outcome. Don’t go into your preliminary arraignment alone. Contact us today, and let’s go through this challenging time together.
