The 5-day rule is a procedural guideline requiring law enforcement to file a criminal complaint within five days of releasing someone arrested for DUI. While it's an important rule, it's not a magic wand that can automatically get your charges dismissed if it's missed.
If the bodily alcohol content is . 16 or higher, 72 hours in jail is required. However, jail time is not mandatory for a first DUI in PA if the bodily alcohol content is general or less than . 10.
The punishment for a first DUI varies by state but often includes fines, license suspension, probation, mandatory alcohol education, and possibly community service. Jail time is rare for first offenses but may apply in cases of high blood alcohol content or accidents.
In Pennsylvania, the 5-Day DUI Rule, governed by Rule 519(B), plays a pivotal role in DUI cases. This rule mandates that DUI offenders must be released promptly after arrest unless they pose a danger or are unlikely to appear in court. A criminal complaint must also be filed within five days of the arrest.
No - if you signed the bond it doesn't matter whether you have a job or not - or whether the bondsman asked you if you did. You are liable as surety on the bond - having a job or not has nothing to do with your liability. Sorry.
After an arrest in Pennsylvania, a criminal defendant is taken before a Magisterial District Judge (MDJ) who sets the bail amount. If the defendant pays the bail amount or uses a bail bond service, he or she will be released from jail while awaiting further developments in the case.
Most bond agreements include travel restrictions, confining you to a specific geographic area such as your county or state. These limitations are designed to ensure your availability for court dates. If travel is necessary, you must seek prior approval from the court or your bail bondsman.
In some cases, the complaint will be filed in court before the lab results return. In these cases, the prosecutor will disclose the blood test results during the preliminary hearing. The summons and complaints are typically mailed to defendants within 15 to 30 days after their arrests.
Yes, jail time is mandatory for a first DUI in PA in cases of high or highest bodily alcohol content. If a person is convicted of DUI with a bodily alcohol content of . 10 or higher, 48 hours in jail is the mandatory minimum.
NEW LAW (EFFECTIVE NOVEMBER 9, 2022) The new law mandates that any newly imposed DUI sentences be imposed consecutively if the individual has two or more prior offenses (with one exception noted below). This addition will be added as § 3804(c. 2) under to the existing “Penalties” part of the law.