Facing a DUI charge is many Pennsylvania residents’ first introduction to the criminal justice system. Since DUI charges are so common, many people assume that these charges aren’t severe, and they question whether it is really worth hiring an attorney to represent them.
So, do you need an attorney for a DUI case in Pennsylvania? Or, can you represent yourself?
To answer this question, we need to clarify what you can do when facing a DUI and what you should do when facing a DUI. Yes, you can represent yourself if you choose to do so. But should you represent yourself? For several important reasons, the answer to this question is a clear “no.”
5 Risks of Representing Yourself in a Pennsylvania DUI Case
Representing yourself in a Pennsylvania DUI case is extremely risky. As a result, while you have the right to represent yourself (also known as handling your case “pro se”), this is not your best option. Here are just some of the reasons why:
1. Pennsylvania’s DUI Penalties Are Severe
As we have discussed previously, Pennsylvania’s DUI penalties are severe. Even if this is your first DUI, you could be facing fines, jail time, and a variety of other penalties. Beyond these penalties, a DUI conviction can also have other serious (and costly) consequences. For example, your auto insurance rates will increase significantly, and having a DUI on your record could make it more challenging to get into school or land a job.
2. You Need to Meet Strict Deadlines (and Avoid Saying the Wrong Thing in Court)
Strict deadlines apply in Pennsylvania DUI cases; you won’t get a second chance if you miss any of these deadlines. Failing to appear in court could also lead to an additional charge for “failure to appear.” Along with a driver’s license suspension and other penalties, this could result in the judge issuing a bench warrant for your arrest.
When you appear in court, you must also be very careful to avoid saying the wrong thing. If you say the wrong thing, you won’t get a second chance, and you could find yourself facing the consequences of a DUI conviction unnecessarily.
3. Prosecutors and the Judge Won’t Go Easy on You
Neither the prosecutor’s office nor the judge will go easy on you because you decided to handle your DUI case pro se. They both have a job to do: to ensure that people who violate the law are held accountable. If you make mistakes, the prosecutor’s office will use them against you, and if you fail to protect yourself in court, the judge will have no choice but to find you guilty.
4. It Is Up to You to Understand and Assert Your Legal Rights
This brings us to another critical point: When facing a DUI charge in Pennsylvania, it is up to you to understand and assert your legal rights. You should not expect anyone involved in the process to help you. If you don’t have a clear and comprehensive understanding of your legal rights—including the rights that can provide you with defenses to your DUI charge—you will stand virtually no chance of securing a favorable outcome in your case.
5. Not Only Can You Face a Conviction, But You Can Also Lose Your Ability to Appeal
Some people assume that if they try to handle their DUI case on their own and lose, they can always hire a lawyer to help them file an appeal. However, this assumption is based on a fundamental misunderstanding of the law.
For many issues, to be able to file an appeal, you must preserve the issue for appeal during the trial process. In other words, you can lose your appellate rights if you don’t maintain them. As a result, even if your DUI conviction is unjust, this doesn’t necessarily mean you can challenge your conviction in Pennsylvania’s appellate courts. While making assumptions about your DUI case can be risky, this is perhaps the most dangerous assumption.
Understanding All of the Ways an Experienced DUI Defense Lawyer Can Help
Along with understanding the risks of handling your DUI case pro se, knowing how an experienced DUI defense lawyer can help you can be helpful. Here are just a handful of examples:
- Your lawyer can ensure you don’t miss any court dates and can speak with the judge on your behalf.
- Your lawyer can evaluate all potential defenses to your DUI charge, including defenses based on violations of your constitutional rights.
- As warranted, your lawyer can file motions to suppress and take other necessary steps to protect and assert your legal rights.
- As warranted, your lawyer can enter into plea deal negotiations with the prosecutor’s office or help you gain admission into Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program.
- Your lawyer can help you understand everything in your DUI case and ensure you do not make costly decisions or assumptions that jeopardize your future.
Again, these are just some reasons why having an experienced DUI defense lawyer on your side is essential. For more information about the benefits of legal representation in Pennsylvania DUI cases (and why hiring a professional lawyer will typically be your least costly option), you can read 10 Ways a DUI Lawyer in Pennsylvania Can Help You.
Request a Free Consultation with Stroudsburg DUI Defense Lawyer Brian C. Jordan
Are you facing a DUI charge in Pennsylvania? If so, we encourage you to contact us for a free, no-obligation consultation about your case. To speak with Stroudsburg DUI defense lawyer Brian C. Jordan in confidence as soon as possible, call us at 570-764-4114 or contact us online today.
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