1. The Stop
The reason behind a traffic stop is a crucial element in any DUI arrest in the Lehigh Valley. If a driver is stopped for a moving violation, such as speeding or erratic driving, it generally makes a DUI case more challenging to defend. Conversely, if the stop is due to equipment or paperwork issues, like a broken tail light or expired registration, this can open up additional avenues for defense. Notably, the absence of a cited moving violation can be leveraged as evidence supporting the driver’s innocence. An astute attorney will prioritize investigating the basis of the traffic stop, as it often lays the groundwork for the entire defense strategy.
During an initial DUI stop, the officer’s observations are critical in determining the next steps. Key factors include assessing how promptly and efficiently the driver can produce their license and registration. The officer will also be alert to any signs of intoxication, such as the smell of alcohol or marijuana, slurred speech, or bloodshot eyes. However, it’s important to note that if a driver quickly provides the requested documents and displays no clear signs of impairment, this alone typically does not justify asking the driver to step out of the vehicle for field sobriety tests. Understanding these factors can be crucial in evaluating the legality of a DUI stop and subsequent tests.
2. Removal From the Vehicle
An officer can only request a driver to exit their vehicle for field sobriety tests (FSTs) if there is reasonable suspicion of DUI. Once the driver steps out of the vehicle, the officer will typically administer a series of FSTs, including the Horizontal Gaze Nystagmus (HGN) test, Walk-And-Turn test, and One-Leg-Stand test. It’s crucial to understand, however, that DUI FSTs are inherently challenging and are often said to be designed for failure. Adding to the complexity, many officers involved in Lehigh Valley DUI arrests may lack comprehensive training and a full understanding of these tests, further limiting their reliability as definitive indicators of impairment.
During a DUI stop, either before or after conducting field sobriety tests (FSTs), an officer may use a Portable Breathalyzer Test (PBT) to assess a driver’s blood alcohol content. However, for evidence to be admissible in a Lehigh Valley DUI trial, it must be obtained using approved and properly calibrated equipment. Consequently, the results from a PBT are generally not admissible during a DUI preliminary hearing or trial due to these equipment standards. Nevertheless, it’s important to note that PBT results can be used in a suppression hearing. In such hearings, they may be considered to demonstrate the officer’s subjective belief that there was probable cause for making a DUI arrest.
3. Arrest, Transport & Blood Draw
If an officer determines there is ‘reasonable cause’ to suspect DUI, they will arrest the driver and transport them to either the Easton DUI Center or a hospital for a blood draw. It’s important to note that statements made by the driver post-arrest may not always be admissible in a DUI trial. Should the arrest be deemed to have been made without probable cause, all evidence gathered subsequently, including the blood draw, could potentially be suppressed. Unique to DUI cases in the Lehigh Valley, drivers do not have the right to consult with a DUI attorney before deciding whether to consent to a blood draw. This differs markedly from most other types of legal cases and is a crucial point for drivers to be aware of.
Upon arrival at a DUI Center or hospital after a DUI arrest, drivers face a critical decision: whether to consent to a blood test or face the possibility of license suspension for refusal. Several factors can impact the admissibility of the test results in court. Firstly, if the test is not conducted within two hours of the initial traffic stop, its validity may be questioned. Secondly, the chain of custody of the blood sample must be strictly maintained; any deviations can render the results inadmissible. Thirdly, the proper administration of the DL-26 form is essential for the admissibility of the test results.
Furthermore, there’s a notable legal nuance in how the DUI statute is applied. While the statute bases its criteria on whole blood alcohol percentages, tests conducted in medical settings often measure blood serum levels. This discrepancy can significantly affect the interpretation and admissibility of the results in a DUI case.
4. Arraignment, Detention & Release
If a driver faces a serious DUI charge or additional offenses alongside a DUI in the Lehigh Valley, they may undergo a preliminary arraignment by a Magisterial District Judge. During this arraignment, the judge has the authority to set bail, which must be paid for the driver to be released from confinement in either Lehigh or Northampton County Prison. However, it’s important to note that a preliminary arraignment immediately following an arrest is not always the norm. In many cases, especially for less severe DUI offenses, the driver may be released once they are deemed sober or can be safely picked up by a friend or family member.
In instances where a driver is arrested for DUI but not immediately arraigned, and is deemed too intoxicated to drive — a common assumption following a DUI arrest — they will typically be given the option to contact friends or family for a ride. Alternatively, the driver may be detained until they are sober enough to leave safely. Some facilities might also allow drivers to arrange for transportation via a taxi or rideshare service like Uber. Notably, DUI centers in Allentown and Easton often employ video recording in their detention cells. These recordings can potentially be used as evidence during the trial, providing a visual record of the driver’s condition and behavior while in custody.
In most DUI cases in the Lehigh Valley, the preliminary hearing marks the first occasion the case is presented before a judge. During this hearing, the Commonwealth’s burden is to establish a prima facie case. This means they must demonstrate a substantial likelihood that a DUI offense occurred and that the accused individual is responsible for it.
Despite the relatively low burden of proof at this stage, the preliminary hearing is a crucial phase in any DUI case in Allentown, Bethlehem, or Easton, particularly those that may proceed to trial. It offers the defendant a valuable opportunity to cross-examine the affiant (the officer who made the DUI charge) and any other witnesses. This process is pivotal for shaping a robust defense strategy for trial.
However, in cases where entering into a DUI Accelerated Rehabilitative Disposition (ARD) or Accelerated Sentencing Program (ASP) is the desired outcome, the preliminary hearing may often be waived. This waiver can be a strategic decision to expedite the process of entering into these diversionary programs.
6. Diversionary & Alternative Programing Application
If a DUI offense is either a first-time offense or the first within a 10-year period, the defendant may be eligible for the Accelerated Rehabilitative Disposition (ARD) program. This program, available in both Lehigh and Northampton Counties, can significantly lessen or potentially eliminate any license suspension associated with a DUI charge. In cities like Allentown and Easton, DUI ARD can even remove any mandatory minimum sentences that might typically apply. An important aspect of ARD is that it doesn’t require a formal admission of guilt, so entering the program is not considered a conviction. However, it’s worth noting that, in some cases, the costs associated with ARD might exceed those of a standard conviction.
When considering ARD as an option, it’s crucial to be aware that the ARD application usually needs to be submitted before the Formal Arraignment. This timing is key for those seeking to take advantage of the benefits offered by the ARD program.
Many counties offer the Alternative Sentencing Program (ASP) as a resolution for individuals charged with a second or third offense DUI. Some jurisdictions may even provide more than one type of ASP. While these programs typically do not completely eliminate the mandatory minimum sentences or license suspensions associated with a DUI conviction, they offer a restructuring of sentences that can be advantageous for the defendant. The scope of Alternative Sentencing Programs varies widely – ranging from simple solutions like replacing jail time with house arrest, to more complex step-down programs that include a combination of incarceration, work release, rehabilitation, and house arrest.
It’s important for defendants to be aware that, generally, applications for these programs need to be submitted before the Formal Arraignment. Timely application is crucial for those seeking the benefits offered by ASPs.
7. Court of Common Pleas – Formal Arraignment
The Formal Arraignment is a critical stage in the DUI legal process, marking the first court hearing in the Court of Common Pleas. The procedures for Formal Arraignment can vary significantly from one county to another. For instance, in Northampton County, attending the Formal Arraignment is a mandatory requirement in DUI cases. In contrast, both Monroe and Lehigh Counties offer the option to waive the Formal Arraignment in advance for DUI cases.
It’s important to note that if you’ve applied for the Accelerated Rehabilitative Disposition (ARD) program or an Alternative Sentencing Program (ASP), the subsequent steps in your legal process may differ. In such cases, you would proceed directly to section 9.1 for further guidance.
8. Court of Common Pleas – Pre-Trial Motions & Trial
In DUI cases, the pre-trial phase may involve various motions, including suppression motions, habeas corpus motions, or other types of pre-trial litigation. Suppression motions are particularly relevant when there’s an indication that evidence was obtained in violation of the defendant’s rights. For example, if evidence was gathered without proper legal procedures or probable cause, a suppression motion can be filed to exclude it from the trial.
On the other hand, habeas corpus motions come into play when the Commonwealth fails to establish a prima facie case of guilt. This type of motion can challenge the legal basis of the defendant’s detention or the sufficiency of the evidence against them.
Both types of motions require the filing of special pleadings and are typically addressed in separate hearings prior to the actual trial. These hearings are critical as they can significantly impact the course of the trial, potentially leading to the dismissal of charges or the exclusion of key pieces of evidence.
If a DUI case in the Lehigh Valley is not resolved through the Accelerated Rehabilitative Disposition (ARD) program, an Alternative Sentencing Program (ASP), or pre-trial motions, it will proceed to trial. The nature of the trial, particularly whether it includes a jury, largely depends on the severity of the DUI offense. Typically, first offense DUI cases do not involve a jury, while second offense DUIs may or may not be tried before a jury. In contrast, all third offense DUIs are generally entitled to a jury trial.
The success of DUI trials in the Lehigh Valley often hinges on effective legal strategies, such as skilled cross-examination of witnesses and the use of expert testimony. These elements can play a pivotal role in the trial’s outcome, highlighting the importance of experienced legal representation well-versed in DUI case dynamics.
9. Evaluations – CRN & Drug & Alcohol
CRN stands for Court Reporting Network, and a CRN Evaluation or Screening plays a pivotal role in DUI cases. The primary objective of this evaluation is to ascertain whether a more comprehensive Drug & Alcohol Evaluation is necessary. In all DUI cases, undergoing a CRN evaluation is a mandatory prerequisite prior to being admitted into the Accelerated Rehabilitative Disposition (ARD) program or before sentencing. Should the CRN evaluation indicate the need for a further Drug & Alcohol Evaluation, completing this additional assessment becomes a requisite step in the DUI case process.
“In many DUI cases, a comprehensive Drug & Alcohol Evaluation is required, regardless of the outcome of the initial CRN (Court Reporting Network) evaluation. This evaluation involves a detailed questionnaire administered by a qualified evaluator, who will assess the individual’s situation and ultimately recommend either in-patient or outpatient drug & alcohol treatment. The significance of this recommendation cannot be overstated, as completion of the suggested treatment is a prerequisite for the defendant to be eligible for re-licensing.
While the court system may often direct defendants to specific evaluators, it’s important to note that defendants have the option to choose a private evaluator. Opting for an evaluation from a provider of your own choosing is entirely acceptable and can fulfill the requirements just as effectively as those recommended by the court.
10. Sentencing or ARD Admission
If a DUI defendant’s application for the Accelerated Rehabilitative Disposition (ARD) program is accepted, they will be scheduled for an ARD Admission hearing. The timing of this hearing varies by county; in some jurisdictions, it may take place immediately at the Formal Arraignment, while in others, it is scheduled for a later date. It is important to note that, by law, the ARD hearing is conducted ‘off the record.’ Once a defendant is admitted into the ARD program, all other scheduled court hearings related to the DUI charges will be canceled.
Successfully completing the terms of the ARD program leads to the dismissal of the DUI charges by the Court of Common Pleas. However, failure to comply with the ARD program’s terms can result in the case being relisted for trial at a future date.
Depending on the specifics of the case, the next steps vary:
In DUI cases where the defendant has either pled guilty, been found guilty at trial, or been accepted into an Alternative Sentencing Program, a sentencing hearing is the next crucial step. The timing of this hearing can vary: it may occur immediately following a guilty plea or admission into an alternative sentencing program, or it could be scheduled for a later date. During the sentencing hearing, the judge will determine and impose the defendant’s sentence, taking into consideration the arguments and evidence presented by both the prosecution and the defense.
It’s important to note that while the judge will pronounce the sentence at the hearing, they have the discretion to specify that the sentence commences on a later date. This aspect of sentencing allows for some flexibility in the execution of the sentence, depending on the circumstances of the case and the defendant’s situation.
11. Serving Confinement Sentences
In cases where a Lehigh Valley DUI sentence includes incarceration or work-release, the logistics following the court decision can vary. Depending on the court’s ruling, an individual might be transported directly from the courthouse to the detention or work-release facility. Alternatively, they may receive permission to voluntarily turn themselves in at a specified later time or date. This latter option often applies to those granted work release.
It is crucial for defendants who are granted work release and have the opportunity to turn themselves in later to proactively contact the prison to arrange their work schedule and complete necessary medical clearances and testing before their reporting date. Failing to address these medical requirements in advance can lead to complications; the individual might not be allowed to leave the facility for work release until all medical tests and clearances are completed, which can take several days. Managing these details ahead of time is essential to ensure a smooth transition into the work-release program.
Commencing an alternative sentencing program in DUI cases can vary depending on the county and the specific program involved. In some counties, these programs are conducted as group sessions, while in others, they are initiated individually. It’s worth noting that certain counties may offer a mix of group and individual programs.
Orientation sessions are typically provided before the actual sentence commencement. However, the process may differ based on the program and location. Some programs have structured step-by-step guidance to prepare participants for what to expect before they begin their sentence.
To ensure a smooth transition into an alternative sentencing program, it’s advisable to proactively communicate with your attorney and the program providers. They can provide valuable insights and guidance tailored to your specific situation, helping you navigate the process with confidence.
In certain DUI cases, house arrest may be part of the sentencing arrangement. However, how house arrest is structured can vary by county and case specifics. Some individuals may serve their entire sentence under house arrest, while others might experience a combination of incarceration or work release followed by a period of house arrest.
To be eligible for house arrest, several criteria often come into play. Having a landline in the residence is typically a requirement, as the equipment used for house arrest monitoring operates through this connection. Additionally, defendants may need to provide their house arrest provider with their work schedule if applicable.
While house arrest can be an appealing option, offering a level of freedom while serving a sentence, it’s essential to be aware that it can come with expenses. Moreover, in some cases, opting for house arrest may result in a longer overall sentence. Therefore, individuals facing DUI sentencing should carefully consider their options and consult with their legal counsel to make informed decisions.
12. License Suspension & Restoration
It’s important to clarify the process of license suspensions in DUI cases to avoid any confusion. The DUI Court does not have the authority to take your license or impose suspensions. Instead, license suspensions are triggered by either DUI ARD admissions or convictions, and it’s the responsibility of PennDOT (Pennsylvania Department of Transportation) to enforce these suspensions.
Once you’ve been admitted into ARD or convicted, PennDOT will send a letter to the address they have on file for you. This letter will instruct you to submit your license to PennDOT. It’s crucial to note that your suspension begins on the date specified in this letter. However, you won’t receive any time credit towards the suspension until PennDOT receives your license.
To ensure the process goes smoothly and your suspension is not longer than necessary, please take these steps:
By following these guidelines, you can minimize the duration of your license suspension and ensure compliance with PennDOT’s requirements.
Restoring your driver’s license after a DUI suspension requires proactive steps on your part. Your license will not automatically reinstate itself, and you will remain ‘under DUI suspension’ until you take affirmative action to restore it. This process is crucial, and here’s why:
No Automatic Restoration: Your driver’s license will not automatically return to you even after the initial suspension period has passed.
Timely Restoration: It’s of utmost importance to restore your driver’s license as soon as you become eligible. This involves contacting PennDOT (Pennsylvania Department of Transportation) and paying the required restoration fee.
Avoiding Consequences: Even if several years have passed since your suspension ended, driving without restoring your license can have serious consequences. If you’re pulled over under these circumstances, you may face a conviction for ‘Driving Under DUI Suspension.’
Penalties: A ‘Driving Under DUI Suspension‘ conviction typically carries a 60-day mandatory minimum prison sentence, along with an additional license suspension of at least one year.
To steer clear of these consequences, make sure to take prompt action to restore your driver’s license as soon as you are eligible. Reach out to PennDOT, pay the necessary restoration fee, and ensure your driving privileges are legally reinstated.
13. ARD, Probation & Parole Supervision
DUI ARD supervision typically spans a duration of 6 months. During this period, individuals admitted into the ARD program may be subject to several requirements and obligations:
Random Urine Screenings: As part of the supervision process, defendants may be subject to random urine screenings to monitor compliance with sobriety.
Regular Reporting: Defendants may also be required to report to a probation office on a predetermined schedule during these six months.
Compliance with Orders: Any court-ordered community service, payment of court costs, fines, or participation in educational classes must be completed or paid within the designated time frame.
Consequences of Non-Compliance: Failure to comply with the rules and requirements of the ARD program can lead to removal from the program and the case being scheduled for trial.
Successful completion of the ARD program results in the dismissal of the charges, providing individuals with the opportunity for a fresh start.
DUI probation supervision is typically imposed in specific situations when a defendant has not been admitted into the ARD (Accelerated Rehabilitative Disposition) program but receives a sentence that excludes work release or incarceration. Here are the key aspects of DUI probation:
Sentence without Incarceration: DUI probation is ordered when a defendant is sentenced without being incarcerated or placed on work release.
Probation Requirements: During DUI probation, defendants may have to fulfill various requirements, which can include:
Consequences of Violations: If a defendant violates any of the probation terms, it can lead to more severe consequences. This may involve resentencing, which can result in a harsher punishment.
DUI probation serves as an alternative to incarceration, providing individuals with an opportunity to meet their legal obligations while avoiding imprisonment.
Parole supervision is typically mandated when a defendant has been sentenced to a period of confinement as part of their sentence. Similar to ARD and probation supervision, parole supervision entails specific responsibilities for the defendant:
Sentence with Confinement: Parole supervision is ordered when a defendant’s sentence includes a period of confinement, such as incarceration.
Parole Requirements: During parole supervision, defendants must adhere to a set of requirements, which can include:
Consequences of Violations: A new arrest or failure to comply with the terms of parole can result in immediate re-imprisonment of the defendant, pending a hearing.
Resentencing Limitation: Unlike probation, where a judge has the authority to resentence a probationer, a judge cannot resentence a parolee. Instead, the judge may order the parolee to serve the remaining portion of their original sentence.
Parole supervision serves as a post-confinement period during which individuals are required to meet certain conditions to successfully reintegrate into society. Violations of parole terms can have serious consequences, including return to incarceration.
14. Completion of DUI Case
Once your DUI supervision has been completed and your license has been restored, your DUI case has been completed. It is important to remember that DUI cases recidivise, meaning that the punishment gets harsher with each additional arrest. While jail time can be avoided on a first offense DUI, a third offense can often carry an onerous one-year mandatory minimum. Drive safe and drive sober.