After you have met with your attorney for the first time, you will need to decide whether to fight the DUI charge, enter a guilty plea, or apply for ARD. Normally, it is pretty clear after an initial consultation which option makes the most sense. Sometimes, it is not, and you may want to attend (and contest the charges) at the preliminary hearing. This may give you and your attorney more information about why you were stopped and what arguments you might be able to make in favor of having evidence thrown out. After the preliminary hearing (in York -- other ocunties have different rules about eligibility for ARD) you may still be able to apply for ARD.

The major differences in your options are discussed a little bit below so that you can decide where you want to go on our website for more detailed information on the option you'd like to learn about next.

Option 1 -- Fight the charge:

You will want to go to the preliminary hearing. You will want to have your attorney make arrangements to have a stenographer present to transcribe the testimony of the officer and any witnesses who may provide testimony. You will generally not testify. The purpose of having the stenographer there is to lock the arresting officer into one story that will be more difficult for him to change later on down the road at a suppression hearing or trial. You may also learn additioanl details that are not contained in the affidavit of probable cause. At this point, you should probably go to our Defenses to DUI section to learn more.

Option 2 -- File for ARD:

ARD is a program for first-time offenders. ARD may allow you to keep your license. If you are required to lose your license under ARD, your license suspension for the DUI will be much shorter than if you plead guilty or are sentenced following a trial. You can avoid jail time if you get into ARD. You  may be able to serve less than a year under probationary supervision. You should be able to get your record expunged upon successful completion of the ARD program. For more information about ARD, you should review our FAQ for ARD in York.

Option 3 -- Enter a Guilty Plea:

If you are not eligible for ARD and if you do not have a valid defense, you may be best off to simply enter a guilty plea. If this is the case, you will want to review sentencing information on our website. The problem with simply entering a guilty plea without talking to an attorney first is that you may not know all of your possible defenses. You may not know that you might be able to get into ARD even if you have had a prior criminal offense or, under certain circumstances, a prior DUI. In addition, if you have an attorney represent you, you can make sure that you are able to get the "going rate" for DUI offenses in York County, including (possibly) house arrest for part of your sentence, outmate (work release), and deferral of your sentence to be more accommodating to your schedule. You may also be able to accelerate or delay your case somewhat to fit your personal needs.

At this point, you should probably probably call our office at (717) 848-8455 for a free, no-risk consultation to verify what option is the best for your particular case.

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