What Happens After a DUI Arrest in Pennsylvania?

A DUI arrest in Pennsylvania can feel overwhelming—but understanding what happens next is the first step toward protecting your rights.

At Sutton & Lovette Law Offices, we help individuals navigate every stage of the DUI process with clarity and a strong defense strategy.

Step 1: The Arrest and Chemical Testing

After being pulled over and suspected of driving under the influence, officers may conduct field sobriety tests or a preliminary breath test. If arrested, you’ll be taken to a hospital, police station, or testing facility for a chemical test (blood, breath, or urine) to determine your blood alcohol concentration (BAC).

Pennsylvania’s Implied Consent Law requires you to submit to this test. Refusing it can result in a license suspension of up to 12 months, even if you aren’t convicted of DUI.

Breathalyzer device used for DUI chemical testing in Pennsylvania

Step 2: Release and Preliminary Paperwork

Depending on the severity of the offense and your prior record, you may be released from custody with a summons or required to post bail. You’ll receive a criminal complaint detailing your charges and your court date for the preliminary hearing.

Step 3: Preliminary Hearing

This is your first appearance before a judge. The prosecution must show there’s enough evidence to proceed with the case. Your attorney can challenge the evidence and may be able to negotiate for reduced charges or dismissal at this stage.

Courthouse representing a preliminary DUI hearing in Pennsylvania

Step 4: Formal Arraignment

At the arraignment, you will be formally advised of your charges and enter a plea—guilty, not guilty, or no contest. This hearing often sets the tone for plea negotiations or trial strategy. An experienced DUI lawyer can advise on the best course of action based on your case’s specifics.

Driver’s license being suspended after a DUI conviction in Pennsylvania

Step 5: Pre-Trial and Motions

If you plead not guilty, your case proceeds to the pre-trial phase, where your attorney may file motions to suppress evidence (such as BAC results) or challenge the legality of the traffic stop or arrest. Strategic pre-trial motions can significantly impact your case outcome.

Step 6: Trial or Plea Deal

Depending on the strength of the evidence and your attorney’s negotiations, you may proceed to trial or accept a plea deal. First-time offenders with no aggravating factors may qualify for Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) Program, which can lead to case dismissal and expungement upon successful completion.

DUI Penalties in Pennsylvania

Pennsylvania uses a tiered DUI penalty system based on BAC level and prior offenses. Even a first-time offense can lead to:

  • License suspension

  • Fines

  • Mandatory alcohol safety courses

  • Probation or jail time

  • Installation of an ignition interlock device

Penalties increase with higher BACs, repeat offenses, or aggravating factors like accidents or minors in the vehicle.

Why You Need a DUI Defense Lawyer

A DUI arrest doesn’t have to end in a conviction. An attorney can help you:

  • Challenge the traffic stop or test results

  • Seek admission into ARD

  • Reduce or dismiss charges

  • Protect your driver’s license and criminal record

At Sutton & Lovette, we approach every DUI case with a thorough legal strategy and a focus on minimizing long-term consequences.

Arrested for DUI in Pennsylvania? Start Building Your Defense.

A DUI charge can disrupt your life, your job, and your reputation. But you don’t have to face it alone.

Contact Sutton & Lovette Law Offices today to schedule a confidential consultation. We’ll walk you through what to expect—and what we can do to help.

Defense Attorneys Sutton and Lovette
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Your Rights During a Police Stop in Pennsylvania