What are the steps in a criminal or DUI case?

Understanding the sequence of events in a Pennsylvania DUI or criminal case helps you know what to expect at each stage and make informed decisions throughout the process. While specific procedures can vary somewhat by county and individual case circumstances, the general framework for criminal and DUI cases in Pennsylvania follows a consistent structure.

1. Arrest

The process begins with an arrest — either at the scene of the DUI stop or, in some cases, by warrant after an investigation. At the time of arrest, the officer must inform you of your Miranda rights if you will be subjected to custodial interrogation. You will be transported to a police station or processing facility where chemical testing (breath or blood) may be administered under Pennsylvania’s implied consent law.

2. Preliminary Arraignment

Within hours of arrest, you will appear before a magisterial district judge (MDJ) for a preliminary arraignment. At this proceeding, the charges against you are formally read, you are advised of your rights, and bail is set. Bail in DUI cases is most commonly unsecured (requiring no cash payment) for first-time offenders, though more serious cases or defendants with prior records may face monetary bail conditions or other restrictions.

3. Preliminary Hearing

Within 14 days of the preliminary arraignment (for defendants not in custody; 3 days for those incarcerated), a preliminary hearing is held before the MDJ. At this hearing, the Commonwealth must demonstrate a prima facie case — sufficient evidence that a crime occurred and that the defendant committed it. The defendant may waive this hearing, which is a strategic decision that should be made with an attorney’s guidance.

4. Formal Arraignment

After the case is bound over from the MDJ level, a formal arraignment is held in the Court of Common Pleas. The defendant enters a plea — guilty, not guilty, or no contest — to the formal charges. In most Pennsylvania counties, including Erie County, the defendant waives formal arraignment in writing and enters a not guilty plea through counsel without a separate court appearance.

5. Pre-Trial Motions and Discovery

Following arraignment, both sides engage in discovery — the exchange of evidence and information. The defense may file pre-trial motions, including motions to suppress evidence obtained in violation of constitutional rights, motions to dismiss charges, or motions challenging the admissibility of specific evidence such as chemical test results. The court schedules and rules on these motions before trial.

6. ARD (If Applicable)

For eligible first-time offenders, the ARD process may run parallel to or in lieu of the standard criminal case track. ARD applications are submitted to the district attorney’s office, and if accepted, the defendant is formally admitted to the program at a court hearing. The criminal case is essentially paused during the ARD period and dismissed upon successful completion.

7. Trial or Plea

If the case is not resolved through ARD or a pre-trial plea agreement, it proceeds to trial. In DUI cases graded as ungraded misdemeanors, trial is conducted before a judge alone (bench trial). In graded misdemeanor or felony DUI cases, the defendant has the right to choose between a bench trial and a jury trial.

8. Sentencing

Following a conviction — whether by guilty plea, no contest plea, or verdict — sentencing is imposed. In DUI cases with mandatory minimum sentences, the judge must impose at least the mandatory minimum imprisonment. The defense may present mitigating evidence and argument at sentencing to influence where within the statutory range the sentence falls.

9. Post-Sentence Rights

A convicted defendant has the right to file post-sentence motions within 10 days of sentencing and to appeal to the Pennsylvania Superior Court within 30 days. These rights must be preserved and exercised within strict deadlines.