What happens at a DUI Preliminary Hearing in PA?

The Zuckerman Law Firm LLC represents people throughout Pittsburgh and Western Pennsylvania facing DUI charges related to alcohol, illegal drugs or prescription drugs. If you found this site, you’re here because you want to know what happens at a DUI Preliminary Hearing in PA. We have answered many commonly asked questions about the DUI Preliminary Hearing process below.

Will I lose my driver’s license on the spot at my DUI Preliminary Hearing? Will I need someone to drive me to court?

No. The Magisterial District Judge, Police Officer or District Attorney have no authority whatsoever to suspend your driver’s license at your preliminary hearing. The Pennsylvania Department of Transportation (PennDOT) is the only government agency authorized to suspend or revoke your license.

You may lose your license before your preliminary hearing if you have refused a chemical test of your blood or breath and the officer has notified PennDOT. Otherwise, you will not lose your license for a DUI unless you plead guilty, are found guilty after trial, or you have entered the ARD program on a high or highest tier DUI. None of these events triggering a license suspension will occur at your DUI preliminary hearing. So long as you have a valid driver’s license, you will be able to drive yourself to and from your preliminary hearing.

Will I go to jail at my DUI Preliminary Hearing?

No. Unless you have a pending warrant for some other matter, you will not be going to jail at your DUI preliminary hearing. Mandatory jail sentences only apply upon your sentencing, and you will not be pleading guilty, found guilty or sentenced at your DUI preliminary hearing. However, if you have any outstanding warrants for your arrest, or picked up a DUI while on probation, you could be arrested. Your DUI lawyer can help you navigate the pitfalls of having an outstanding warrant.

Will I have to get fingerprinted before my DUI Preliminary Hearing, even though I haven’t been found guilty of anything?

Yes. Fingerprinting is mandatory for anyone charged with a DUI. The Magisterial District Court will mail you a fingerprint order on your case, directing you to appear at a particular court or police barracks to get fingerprinted in advance of your preliminary hearing. You must comply with the order, or the judge may have you taken into custody and fingerprinted at the jail. To avoid any unpleasant outcome, make sure to get fingerprinted accordingly.

Can you provide me with information about a DUI Preliminary Hearing in PA?

The first critical legal proceeding in any PA DUI case is the preliminary hearing. All DUI Preliminary Hearings will be held in front of a Magisterial District Judge at his or her court, or at a centralized court location, such as Pittsburgh Municipal Court, Washington County DUI Court, or Beaver County Central Court.

The preliminary hearing is not a trial, and the magistrate will not be deciding if you’re guilty or not guilty of a DUI. At a DUI preliminary hearing, the Commonwealth must establish that a DUI offense occurred, and it is more likely than not that the accused person committed the offense. This is a much lower burden of proof than what is required to prove you guilty of DUI beyond a reasonable doubt at trial.

After careful consideration of the facts of your case, your attorney will make a recommendation on whether or not to proceed to a preliminary hearing, or to waive your right to have a preliminary hearing. If a hearing is held, typically the arresting officer will be the only one that testifies in court against you. However, depending on what evidence is needed to meet a prima facie burden, other witnesses may be called against you. Typically, experts such as toxicologists and lab scientists will not be present to testify against you.

Will I have to testify or talk about the incident at my DUI Preliminary Hearing?

No, you will not have to testify at the preliminary hearing or answer questions about the facts of your case. It is exceedingly rare for a defendant to take the stand and testify at a preliminary hearing. However, you may have to answer basic informational questions, such as providing your updated address, and acknowledging an understanding of your rights.

Will the District Attorney (DA) be at my hearing?

Yes - an Assistant District Attorney or DA will almost always be present for those facing DUI preliminary hearings in Pittsburgh and Western Pennsylvania. There are exceptions where the arresting officer conducts the hearing on behalf of the Commonwealth.

Will I receive the results from my blood test at my DUI preliminary hearing?

Typically yes. If you submitted to a blood draw on your case, those results can take anywhere from 4-8 weeks to be produced. The DA or police officer will typically bring a toxicology report to your preliminary hearing noting what your BAC was. If they do not bring the report, your hearing may be postponed to allow them additional time to obtain the necessary reports. If a hearing is held, this report will be offered into evidence at the hearing.

Will I have to wear an alcohol monitor?

Maybe. Some counties will require anyone facing a 2nd or subsequent DUI offense to be outfitted with a SCRAM bracelet, which detects the presence of alcohol in the person’s body. In these situations, it will be made a condition of your bond to wear the SCRAM device and refrain from the use of drugs and alcohol. If you are uncertain as to whether or not this will apply to you, discuss this with your attorney.

What does a DUI Attorney do at the magistrate’s office?

A question our firm commonly receives is this: “What does a DUI Attorney do at the magistrate’s office?” First, your DUI attorney will discuss with you your criminal history (if you have one) and your recollection of events. This will help your attorney prepare for your hearing while also calculating what potential mandatory sentences or guideline range sentences you could face.

Second, your attorney will obtain a copy of the police criminal complaint from the magistrate’s office and examine it, looking for potential issues. A small sampling of those issue are as follows:

Pre-Stop Issues

Did police have valid justification to conduct a traffic stop on our client’s vehicle?
Did police conduct a legal traffic stop within their own jurisdiction, or did they venture outside their jurisdiction without sufficient legal justification?
Did police make proper use of a DUI Checkpoint system?
Was the client parked somewhere and not in actual physical control over the movement of a vehicle?

Issues During Traffic Stop

Did the client make incriminating statements?
Did police observe clues of impairment?
Did police properly administer Standard Field Sobriety Tests in accordance with NHTSA standards?
Did police illegally search the vehicle?
Did police obtain other incriminating evidence, such as alcoholic beverages or narcotics in the vehicle?

Issues After Arrest

Did police have probable cause to arrest the client for DUI?
Did police obtain valid consent to obtain blood from the client without a warrant?
Did police elicit incriminating statements without providing Miranda warnings?
Are there any potential calibration issues with regards to the use of breath testing devices?
Did police abide by the required 20 minute observation period before administering the breath tests?
Are there any potential blood collection and/or analysis issues?
Did police obtain a chemical test sample within 2 hours of stopping the client’s vehicle? If not, did they have a good excuse for obtaining the sample after 2 hours?

Third, your DUI attorney can prepare questions to ask the officers during the preliminary hearing and have a court reporter transcribe those answers. Your attorney can argue for a dismissal of charges when a prima facie case has not been met. For cases proceeding to the Court of Common Pleas, hearing transcripts are often helpful cross examination tools to be used to file a pre-trial Motion to Suppress Evidence or to use at trial accordingly. For example, our firm used a transcript received at a preliminary hearing to attack the credibility of an officer who changed his testimony during a motions hearing, obtaining a dismissal of our client’s criminal charges.

Fourth, your DUI preliminary hearing provides your attorney with the first opportunity to discuss a potential resolution of the case. The ADA assigned to your magistrate’s office may be willing to withdraw a case that has serious proof issues. However, in cases where the evidence against you is strong, your DUI attorney may be able to negotiate a plea agreement to receive ARD, avoid jail time and/or avoid or reduce potential license suspensions. Our firm looks to minimize DUI penalties and consequences for clients so they can move on with their lives with the fewest disruptions possible.

Attorney Dave Zuckerman has prosecuted and defended hundreds of DUI Preliminary Hearings in PA

As a former DUI prosecutor, Attorney Dave Zuckerman of the Zuckerman Law Firm has prosecuted hundreds of DUI cases. He understands when to negotiate and when to fight. As a Pittsburgh DUI Defense Lawyer, he has also represented hundreds of clients facing DUI offenses in Allegheny, Beaver, Butler, Cambria, Fayette, Greene, Indiana, Lawrence, Washington and Westmoreland Counties.

If you are seeking reasonably priced representation for your DUI preliminary hearing, contact Attorney Zuckerman directly at 412-447-5580 for a free consultation.