What is Pennsylvania’s 5-Day Rule for DUI Charges?

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. Understanding this rule can significantly impact the outcome of a DUI case.

At Worgul, Sarna & Ness, our criminal defense attorneys are well-versed in the intricacies of Pennsylvania’s DUI laws. If you’ve recently been arrested for DUI, contact us for a free case evaluation. We’ll answer your questions and guide you through the process.

The 5-Day DUI Rule in Pennsylvania

Rule 519(B) requires DUI offenders to be released quickly unless deemed a danger or a flight risk. A criminal complaint must be filed within five days of the arrest, ensuring a swift legal process.

The Purpose of the 5-Day Rule

• Minimizes the need for preliminary arraignments during late hours.
• Lowers the workload for district justices so they can manage their caseloads more effectively
• Ensures defendants who are still intoxicated are not prejudiced during their hearing
• Enables officers to resume their duties without prolonged detention procedures
• Avoids detaining intoxicated defendants who cannot comprehend the proceedings

Key Points of the 5-Day Rule:

• Dismissal Criteria: Charges should not be dismissed solely for late filing unless prejudice is proven at a preliminary hearing (Rule 109).
• Local Practices: Some jurisdictions might file general impairment charges promptly and amend them later.
• Filing Deadline: If the fifth day falls on a weekend or holiday, the filing can occur on the next business day.
• Refiling of Charges: Dismissed charges cannot be refiled unless an appeal is made.

The Impact of the 5-Day Rule on DUI Charges

Understanding how the 5-Day Rule works and the consequences of failing to adhere to it can be vital for anyone facing DUI charges.

It Allows for a Prompt Release

The 5-Day Rule allows for the prompt release of DUI offenders shortly after their arrest, provided they are not considered a danger or a flight risk. This provision significantly reduces the emotional and financial burden associated with spending time in jail while awaiting a preliminary hearing, ensuring that individuals can return to their daily lives more quickly.

It Helps Avoid Prejudice

The 5-Day Rule helps prevent bias during the preliminary hearing by ensuring the defendant is no longer intoxicated. This leads to a fairer hearing process and potentially improves the chances of a favorable outcome.

For example, suppose you’re arrested for DUI late on a Friday night and held over the weekend. In that case, the 5-Day Rule can ensure your preliminary hearing is scheduled for later in the week. This allows you to be fully sober and effectively participate in your defense, increasing your chances of a favorable outcome.

The Rule Prevents Filing Delays

An officer’s delay in filing complaints can open the door for the defense to argue that the delay prejudiced the defendant’s case. If proven, it can potentially lead to the dismissal of charges.

If the police delayed filing the complaint against you for more than five days, we can argue that this delay resulted in the loss of crucial evidence, such as surveillance footage that could show your sobriety at the time of arrest. Highlighting this procedural misstep can lead to the dismissal of charges.

It Allows for Procedural Defects Dismissals

Rule 109 allows for the dismissal of charges if procedural defects, such as late filings, are raised before the end of the preliminary hearing and can be shown to prejudice the defendant. Offenders can use procedural mistakes to their advantage, potentially leading to a reduction or dismissal of charges. Specifically, DUI defendants can use the precedent set by Com. v. Revtai to argue against procedural defects in their case.

Local Policy Variations Exist

In jurisdictions where district attorneys and magistrates prefer prompt filing, there might be fewer delays in processing cases. This leads to quicker case resolutions, which might benefit the defendant, especially if the evidence weakens.

Weekend & Holiday Extensions

If the fifth day falls on a weekend or holiday, the deadline is the next business day. This offers additional time for defense preparations if needed.

Appeals Have Strict Guidelines

If DUI charges are dismissed under Rule 519(B), but the prosecution believes the delay did not cause prejudice, they can appeal for a hearing to argue this point. However, this usually favors the accused since the prosecution must prove that the delay was not prejudicial.

Leverage the 5-Day Rule for a Stronger DUI Defense

Understanding Pennsylvania’s 5-Day DUI Rule can significantly benefit DUI offenders by providing avenues for a fairer judicial process and potential dismissal or reduction of charges.

At Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC, we are committed to using every available legal strategy to benefit you, ensure your rights are upheld, and achieve the best possible outcomes in your DUI case. Contact us today for a free case evaluation and learn how we can help.