What to Do After a DUI Arrest in Philadelphia

If you've been arrested for DUI in Philadelphia, the actions you take in the next 24 to 48 hours can significantly impact your case outcome. A DUI arrest triggers two separate proceedings: criminal charges through the court system and an administrative license suspension through PennDOT. Understanding your rights and responsibilities immediately after arrest gives you the best chance to protect your driving privileges, your freedom, and your future.

Attorney Brian F. Humble has defended Philadelphia DUI clients for over 25 years and knows exactly how to navigate Pennsylvania's complex DUI laws. Whether this is your first offense or you're facing enhanced penalties, this guide walks you through the critical steps to take after a DUI arrest in Philadelphia and how an experienced attorney can help protect your rights.

What Happens Immediately After a DUI Arrest in Philadelphia?

When Philadelphia police arrest you for DUI, several things happen in rapid succession:

At the Scene:

• Police administer field sobriety tests and preliminary breath tests

• You're placed under arrest if officers have probable cause

• Your vehicle may be towed and impounded

• Police transport you to the district station or Pennsylvania State Police barracks

At the Station:

• You'll be asked to submit to chemical testing (breath, blood, or urine)

• Police process your arrest and complete paperwork

• You receive preliminary information about your charges

• You may be held until bail is posted or released on your own recognizance

Within 24-48 Hours:

• You receive a notice of your preliminary hearing date

• PennDOT begins the license suspension process

• The clock starts ticking on important deadlines

Understanding these procedures helps you know what to expect, but having a Philadelphia DUI attorney by your side ensures your rights are protected from the very beginning. [link to: www.bhumblelaw.com/criminal-defense]

Step 1: Contact a Philadelphia DUI Attorney Immediately

This is your most important step. Call a DUI attorney before you do anything else, ideally within hours of your arrest.

Here's why immediate legal representation matters:

• Time-sensitive deadlines – You have only 30 days to appeal a license suspension

• Evidence preservation – Dashcam footage, body camera video, and calibration records must be requested quickly

• Statement protection – An attorney prevents you from making statements that could harm your defense

• Bail and release – Your attorney can expedite your release and address bail concerns

• Strategic planning – Early involvement allows your attorney to build the strongest possible defense

Attorney Brian F. Humble offers free consultations for DUI cases and responds quickly to new clients facing urgent deadlines. Don't wait. Call BHumble Law at (215) 600-1218 right away. [link to: www.bhumblelaw.com/contact]

Step 2: Document Everything You Remember

While details are fresh in your memory, write down everything about your arrest:

• Before the stop: Where were you? What were you doing? How much time passed since your last drink?

• The traffic stop: Why did police pull you over? What reason did they give?

• Field sobriety tests: Which tests did they administer? What were the conditions (weather, lighting, road surface)?

• Officer behavior: Were officers professional? Did they read your Miranda rights? Did they explain chemical testing?

• Chemical testing: What type of test (breath, blood, urine)? Where was it administered? How long after the stop?

• Witnesses: Were passengers in your vehicle? Did anyone observe the stop or your behavior?

These details help your attorney identify potential defense strategies, procedural errors, or constitutional violations. Share this information with your attorney during your consultation.

Step 3: Understand Pennsylvania's DUI Penalties

Pennsylvania DUI penalties depend on your blood alcohol concentration (BAC), prior offenses, and other factors:

First Offense DUI Penalties:

General Impairment (.08 - .099% BAC):

• Up to 6 months probation

• $300 fine

• Alcohol highway safety school

• Possible treatment

High BAC (.10 - .159% BAC):

• 2 days to 6 months in jail

• $500 to $5,000 fine

• 12-month license suspension

• Alcohol treatment

• Ignition interlock device

Highest BAC (.16% and above):

• 3 days to 6 months in jail

• $1,000 to $5,000 fine

• 12-month license suspension

• Alcohol treatment

• Ignition interlock device

Additional Consequences:

• Increased insurance rates

• Possible job loss (especially for commercial drivers)

• Professional license complications

• Immigration consequences for non-citizens

• Difficulty obtaining employment or housing

Second and third offenses carry significantly harsher penalties, including mandatory minimum jail sentences. An experienced Philadelphia DUI attorney can work to minimize these consequences or get charges reduced. [link to: www.bhumblelaw.com/about-us]

Step 4: Request a PennDOT License Suspension Hearing

Pennsylvania has an implied consent law, meaning that by driving in Pennsylvania, you've already consented to chemical testing if arrested for DUI. If you refuse testing or your BAC exceeds legal limits, PennDOT automatically suspends your license:

Automatic Suspension Periods:

• First offense refusal: 12-month suspension

• First offense high BAC (.10% or above): 12-month suspension

• Second offense: 12-18 month suspension

• Third offense: 18-month suspension

Critical deadline: You have 30 days from your arrest date to appeal the suspension and request a hearing. Missing this deadline means automatic suspension with no opportunity to challenge it.

Your Philadelphia DUI attorney can:

• File the appeal on your behalf

• Request an occupational limited license

• Represent you at the PennDOT hearing

• Challenge the legality of the stop and testing procedures

• Argue for reduced suspension periods

Don't let this deadline pass. Attorney Brian F. Humble handles PennDOT hearings for Philadelphia clients and fights to protect your driving privileges.

Step 5: Prepare for Your Preliminary Hearing

Your preliminary hearing typically occurs within 2-3 weeks of arrest at Philadelphia Municipal Court. This hearing determines whether there's sufficient evidence for your case to proceed to Common Pleas Court.

What Happens:

• The prosecution presents evidence showing probable cause for arrest

• Your attorney can cross-examine police officers

• The judge decides whether charges move forward

What Your Attorney Does:

• Examines police procedures for errors or violations

• Challenges the legality of the traffic stop

• Questions the reliability of field sobriety and chemical tests

• Identifies weaknesses in the prosecution's case

• Begins negotiations with the District Attorney's Office

In some cases, charges can be reduced or dismissed at the preliminary hearing if police made procedural errors or lacked probable cause.

Common DUI Defense Strategies in Philadelphia

An experienced Philadelphia DUI attorney can challenge your charges using various defense strategies:

Challenging the Traffic Stop

Police must have reasonable suspicion to stop your vehicle. If the stop was unlawful, all evidence obtained afterward may be suppressed. Your attorney examines:

• Was there a valid reason for the stop?

• Did officers follow proper procedures?

• Were your Fourth Amendment rights violated?

Questioning Field Sobriety Test Results

Field sobriety tests are subjective and affected by many factors:

• Medical conditions (injuries, balance issues, vision problems)

• Weather and road conditions

• Improper administration by officers

• Nervousness or anxiety

Challenging Chemical Test Accuracy

Breathalyzer and blood tests can produce inaccurate results due to:

• Improper calibration or maintenance

• Officer training deficiencies

• Contamination of blood samples

• Medical conditions affecting BAC readings

• Rising BAC (alcohol still absorbing when tested)

Proving Lack of Actual Control

If you weren't actually driving when arrested, your attorney can argue you weren't in actual physical control of the vehicle.

Attorney Brian F. Humble has successfully defended hundreds of DUI cases in Philadelphia using creative legal strategies and thorough investigation. His 25+ years of experience means he knows what defenses work in Philadelphia courts. [link to: www.bhumblelaw.com/client-reviews]

Understanding ARD: Accelerated Rehabilitative Disposition

Pennsylvania offers ARD (Accelerated Rehabilitative Disposition) for first-time DUI offenders. This diversionary program allows you to complete requirements and ultimately have your charges dismissed.

ARD Benefits:

• Charges dismissed upon successful completion

• Shorter license suspension (often 30-90 days vs. 12 months)

• No criminal conviction on your record

• Eligible for expungement after completing the program

ARD Requirements:

• Plead guilty and accept program conditions

• Complete alcohol safety school

• Undergo drug and alcohol evaluation and treatment

• Pay fines, costs, and restitution

• Complete community service (sometimes)

• Supervision period (typically 6-12 months)

Not everyone qualifies for ARD. Factors include prior offenses, accident involvement, high BAC levels, and whether minors were in the vehicle. Your Philadelphia DUI attorney can determine your eligibility and advocate for your acceptance into the program.

What NOT to Do After a DUI Arrest

Avoid these common mistakes that can damage your case:

Don't Talk About Your Case

• Don't post on social media about your arrest

• Don't discuss details with friends, family, or coworkers

• Don't contact the victim if there was an accident

Don't Miss Court Dates or Deadlines

• Missing your preliminary hearing can result in a bench warrant

• Missing the 30-day PennDOT appeal deadline means automatic suspension

• Keep every appointment with your attorney

Don't Represent Yourself

• DUI law is complex with technical defenses

• Prosecutors have no obligation to offer you the best deal

• You may unknowingly waive important rights

Don't Delay Hiring an Attorney

• Evidence disappears quickly

• Witnesses' memories fade

• Critical deadlines pass

• Your defense options narrow

Call BHumble Law at (215) 600-1218 today. The sooner you have legal representation, the better your chances of a favorable outcome.

How BHumble Law Handles Your Philadelphia DUI Case

When you hire Attorney Brian F. Humble for your DUI case, you get: Immediate Action:

• File your PennDOT license suspension appeal

• Request discovery (police reports, video footage, test results)

• Begin investigating your case

Thorough Investigation:

• Review dashcam and body camera footage

• Examine breathalyzer calibration records

• Interview witnesses

• Inspect the arrest scene if necessary

• Consult with experts on chemical testing

Strategic Defense:

• Identify all available defenses

• Challenge illegal stops and searches

• Question test accuracy and reliability

• Negotiate with prosecutors for reduced charges

• Fight for ARD acceptance when eligible

Court Representation:

• Appear at all hearings on your behalf

• File motions to suppress evidence

• Present your defense at trial if necessary

• Protect your rights at every stage

Personal Attention:

• Direct communication with Attorney Brian F. Humble

• Regular updates on your case status

• Honest assessment of your options

• Support through a stressful process

With over 25 years defending DUI clients in Philadelphia, Brian understands that a DUI arrest doesn't define you. His "Courage for Justice" approach means fighting tirelessly for the best possible outcome in your case. [link to: www.bhumblelaw.com/practice-areas]

Frequently Asked Questions

Should I have refused the breathalyzer test in Philadelphia?

This is complicated. Refusing chemical testing results in an automatic 12-month license suspension for a first offense, often longer than the suspension for a failed test. However, refusal means less evidence against you in criminal court. Whether refusal helps or hurts depends on your specific situation. If you've already been arrested, an experienced DUI attorney can help mitigate the consequences of either choice.

Can I get a work license after a DUI in Pennsylvania?

Pennsylvania offers occupational limited licenses that allow driving for work, school, medical appointments, and other essential purposes during your suspension. Eligibility depends on your offense level and BAC. Your attorney can help you apply for this restricted license to minimize disruption to your employment and daily life.

Will I go to jail for my first DUI in Philadelphia?

For a first offense with a BAC between .08% and .099% (general impairment), jail is unlikely—you'll typically receive probation. Higher BAC levels (.10% and above) carry mandatory minimum jail sentences of 2-3 days, though these can sometimes be served through house arrest or alternative programs. An experienced attorney works to minimize or eliminate jail time whenever possible.

How long does a DUI stay on my record in Pennsylvania?

A DUI conviction remains on your criminal record permanently in Pennsylvania. However, if you complete ARD, you can petition for expungement, which removes the arrest and charges from your record entirely. This is one reason why securing ARD acceptance is so valuable for first-time offenders.

Can I beat a DUI charge in Philadelphia?

Yes. DUI charges can be reduced or dismissed through various defense strategies: challenging the legality of the traffic stop, questioning test accuracy, demonstrating procedural errors, or proving lack of probable cause. Attorney Brian F. Humble has successfully defended numerous DUI cases in Philadelphia courts through thorough investigation and creative legal advocacy.

What happens if I'm convicted of DUI with a commercial driver's license (CDL)?

CDL holders face severe consequences for DUI convictions, including disqualification from commercial driving for one year (first offense) or lifetime (second offense), even if the DUI occurred in your personal vehicle. You cannot receive ARD if it would allow you to keep your CDL. Protecting your CDL requires aggressive legal defense from the moment of arrest.

How much does a Philadelphia DUI attorney cost?

DUI defense fees vary based on case complexity. Simple first-offense cases typically involve flat fees ranging from $2,500 to $5,000, while complex cases requiring trial can cost more. At BHumble Law, Brian F. Humble provides transparent fee information during your free consultation and works with clients to make quality legal defense accessible.

Should I plead guilty to DUI to get it over with?

No. Never plead guilty without consulting an attorney. Even if you think the evidence is overwhelming, an experienced DUI attorney can often identify defenses you didn't know existed, negotiate better outcomes, or secure ARD acceptance. A guilty plea has permanent consequences—don't make that decision without exploring all your options first.

For more general questions about BHumble Law's services and consultation process, visit our [FAQ page]. [link to: www.bhumblelaw.com/faq]

Protect Your Freedom and Your Future After a DUI Arrest

A DUI arrest in Philadelphia is serious, but it doesn't have to define your future. The steps you take immediately after arrest—contacting an experienced attorney, documenting details, meeting deadlines, and building a strong defense—can make the difference between conviction and case dismissal, between jail time and probation, between permanent suspension and protecting your driving privileges.

Attorney Brian F. Humble has spent over 25 years defending DUI clients throughout Philadelphia with a "Courage for Justice" approach that recognizes your dignity and fights for your rights. He understands Pennsylvania DUI law inside and out, knows how Philadelphia courts operate, and has the experience to identify defenses and negotiate outcomes that protect your freedom and your future.

Don't face DUI charges alone. Time is critical, and important deadlines are approaching. Call BHumble Law at (215) 600-1218 right now for a free consultation. Brian will review your case, explain your options, and begin building your defense immediately. Your freedom, vindication, and future are too important to leave to chance—get the experienced legal representation you deserve.

Legal Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every case is unique. For guidance on your specific situation, contact BHumble Law at (215) 600-1218 for a free consultation.