dicindio law llc | March 13, 2020 | dui
how long does it take to receive dui charges in pa?
People who are arrested for dui offenses typically do not receive complaints from the arresting officers. A complaint is a document that lists the charges against people accused of crimes.
Usually, an officer will wait until blood test results come back or wait to file the complaint even though a breath test was administered. instead, they may tell him that his citation will be mailed to him when he is released. The Summons to Appear tells you when to appear in court for your preliminary hearing and may not be mailed to you for several weeks after receiving the Complaint.
In some cases, it can take a couple of months before a driver receives a summons and report. If he has been arrested for driving under the influence of alcohol, a Dicindio Law attorney can explain what to expect next.
what happens when someone is arrested for driving under the influence of alcohol?
When people are arrested for dui offences, they are transported to the police station and will be required to submit to a breath, urine or blood test. Breath tests use machines to analyze the amount of alcohol in a person’s breath. if the officer wants to obtain blood samples, the person will be transported to a hospital so that a phlebotomist or nurse can draw them.
For blood tests, two vials of blood are drawn and sent to a laboratory. analysis of blood samples may take three or more weeks, and blood test results will not be provided until the analysis is complete.
Police officers rarely ask people to provide urine samples. however, an officer may request a urine sample for a dui offense in which the officer suspects drugs may be involved.
When you drive in Pennsylvania, you are considered to have given your implied consent to chemical testing when asked to do so by an officer. however, police officers must still establish probable cause to arrest him and take him to the police station to have his breath tested or to the hospital to obtain blood samples.
after his release from custody
After you are released from custody, a summons to appear and a complaint will be mailed to you. Instead of waiting to talk to a lawyer until after you receive these documents, it is a good idea to get help from a lawyer as soon as possible after he is arrested.
This will give your attorney more time to conduct an initial investigation. interviewing witnesses soon after the event occurs could help make sure they remember things accurately. If an accident has occurred, getting pictures of the scene and the damage can be important.
time for the complaint and citation
In some cases, the complaint will be filed in court before the lab results are received. in these cases, the prosecutor will release the results of the blood tests during the preliminary hearing. Summons and complaints are usually mailed to defendants within 15 to 30 days of their arrest.
the preliminary hearing
The Summons to Appear will provide you with the name of the court, the court date, and the time you must appear at the preliminary hearing. This hearing gives your attorney a chance to speak with the arresting officer and the prosecutor. in some cases, the officer may agree to drop the complaint or some of the charges.
The preliminary hearing also gives your attorney a chance to question the officer and other witnesses the prosecutor may call at the hearing. The preliminary hearing is held to allow the prosecutor to present evidence establishing probable cause to believe that the DUI charges occurred.
Establishing probable cause does not require as much evidence as a prosecutor has to present in a jury or court trial. if the court determines that the prosecutor has established probable cause, the case will be scheduled for further proceedings.
Attorneys can contact police officers before the preliminary hearing to find out what the blood test results are. many times, the police do not return the calls. However, if an attorney is able to know what the results are prior to the preliminary hearing, he or she can explain the possible penalties for the DUI offense based on the client’s BAC level.
in pennsylvania, there are three levels of dui offenses that are based on your bac level. If you are convicted of a DUI offense, the results of your breath or blood test will determine the penalties you will face. The highest level bac or drug duis offense will carry much higher penalties than lower level dui offenses.
Blood test results may not be available on the preliminary hearing date. this can happen when police officers send the samples to the state lab instead of a private lab for analysis. when this happens, an attorney can request that the preliminary hearing be rescheduled for a later date. The attorney might try to contact the police officer before the scheduled hearing date to find out if the blood test results are available so that he or she can request an extension from the court if necessary.
get help from an experienced dicindio law attorney
If you are arrested because of an officer’s suspicion of driving under the influence of alcohol or drugs, you should get legal help. An experienced dui defense attorney may be able to start working on your case before the preliminary hearing.
Depending on the facts and circumstances, an attorney may have the officer withdraw the complaint before the preliminary hearing. you should not wait to contact an attorney until the complaint and summons arrive in the mail.
When you do this, you prevent your attorney from taking important initial steps in the investigation of your case.
contact our dui law firm in west chester, pennsylvania
If you are facing criminal charges and need legal help, contact the west chester, pa dui attorneys at dicindiolaw, llc to schedule a free initial consultation. dicindio law, llc29 s walnut stwest chester, pa 19382(610) 430- 3535