If you are facing a DUI charge in Pennsylvania, you need to be very careful. At this point, your back is up against the wall, and it is up to you to protect yourself from unnecessary consequences. In addition to taking steps to protect yourself, you also need to be careful to avoid costly mistakes. Unfortunately, people make these mistakes far too often—and they face steep penalties as a result.
What Not to Do After a DUI Arrest
What are the mistakes you need to avoid? Here’s an overview of what not to do after a DUI arrest in Pennsylvania:
1. Do Not Get Another DUI
When you have a DUI charge pending in Pennsylvania, you need to make sure you don’t get another DUI. Getting another DUI can make your situation much worse. Not only will your second DUI arrest make it much more difficult for you to seek leniency from the judge or in plea deal negotiations with the prosecutor’s office, but your second DUI will also carry enhanced penalties. Additionally, while you may be eligible for Accelerated Rehabilitative Disposition (ARD) for your first DUI (more on this below), this option is not available to repeat offenders.
2. Do Not Get Any Other Traffic Ticket
You should also make sure you do not get any other traffic tickets while your DUI case is pending—and keep in mind that you may be facing an automatic driver’s license suspension as a result of your arrest. If you get pulled over for driving on a suspended license, speeding, running a red light, or any other traffic violation, this will lead to additional problems as well. Also, if you decide to seek a plea bargain and accept responsibility for a “wet reckless,” the accumulated points on your driving record could lead to an extended loss of your driving privileges.
3. Do Not Assume Everything Will Be Fine
Drunk driving charges are serious—a DUI conviction can truly change your life. As a result, you cannot afford to assume that everything will be fine. You need to make defending against your DUI charge a priority, and you need to make sure you are making smart decisions with your future in mind.
4. Do Not Assume You Will Be Convicted
While it is important to accept the risk you are facing, it is also important not to assume that you will be convicted. Even if you got caught driving drunk, you may still have a variety of defenses available. You may have other options for avoiding a DUI conviction as well. Again, smart decision-making is critical, and it is strongly in your best interests to discuss your options with an experienced DUI lawyer promptly.
5. Do Not Miss Your Preliminary Hearing
One of the reasons why you should consult with an experienced DUI lawyer promptly is that you need to make sure you don’t miss your preliminary hearing. While you might choose to waive your preliminary hearing, this also needs to be an informed decision based on the advice of counsel. Your preliminary hearing is your first opportunity to fight your DUI charge; and, if you miss it, you can be almost certain that prosecutors will move forward with taking your case to trial.
6. Do Not Miss Your Arraignment
Your next court date after your preliminary hearing is your arraignment. This is extremely important for you to attend as well. You can (and should) have legal counsel present, and it is at this stage that your lawyer will be able to begin figuring out what evidence the prosecutor’s office is planning to use against you.
7. Do Not Ignore Opportunities to Resolve Your Case Before Trial
While fighting your DUI in court is one option, you may also have opportunities to resolve your case without going to trial. For example, if you are a first-time offender, you may qualify for ARD. If you qualify for ARD—and if you enter and complete the program—your DUI charge will be dismissed without the need to go to court.
Another option for resolving your case without going to trial is negotiating a plea bargain. Prosecutors are usually willing to consider reasonable plea deals in DUI cases. As noted above, accepting a plea bargain in a DUI case usually means pleading guilty to a “wet reckless,” which is a form of reckless driving. While this may not be ideal, it may be your best option if you don’t qualify for ARD and there is a good chance that you will be convicted of DUI at trial.
8. Do Not Overlook Potential Defenses to Your DUI
Before you accept any consequences as a result of your DUI arrest, you should be sure to consider all of the defenses you may have available. There are several potential defenses to DUI charges in Pennsylvania. If you have a strong defense available, then you may not need to accept the consequences of entering the ARD program or negotiating a plea bargain.
9. Do Not Overlook Potential Consequences of Your DUI
Just as you should not overlook any potential defenses to your DUI, you should not overlook any of the potential consequences of a conviction. Making sure you understand the penalties you are facing will help ensure that you do not make any rash or rushed decisions.
10. Do Not Try to Handle Your Case Alone
Finally, when you are facing a DUI charge in Pennsylvania, you should not try to handle your case alone. Drunk driving cases are complex, and making informed decisions requires the knowledge and advice of an experienced lawyer. Not only can your lawyer help you decide what to do, but your lawyer can also represent you in court (or in plea bargain negotiations); and, at the end of the process, you will be able to feel confident that you protected yourself by all means available.
Schedule a Free Consultation with Stroudsburg DUI Lawyer Brian Jordan
If you are facing a DUI charge in Pennsylvania, we strongly encourage you to contact us for more information. To schedule a free consultation with Stroudsburg DUI lawyer Brian Jordan, please call 570-764-4114 or contact us confidentially online today.
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