Numerous rules apply to the prosecution of driving under the influence (DUI) cases. Police officers generally need compelling evidence, such as test results or video footage of poor driving, to arrest motorists in a DUI scenario.
Prosecutors have to evaluate that evidence and determine if they can reasonably meet the burden of proof imposed in a criminal case. Generally speaking, the state must establish beyond a reasonable doubt that the defendant committed a specific criminal offense.
Technical issues during an arrest, while an individual is in state custody or even during a trial can have a major impact on the outcome of a criminal case. Those facing potential DUI charges in Pennsylvania can sometimes fight back, especially if local authorities fail to adhere to the five-day rule.
What is the five-day rule?
People accused of crimes have the right to a speedy trial. That process begins with the prosecutor filing charges with the criminal courts. Pennsylvania does not impose a timeline for how long it takes for the trial to occur, but there are strict standards regarding the filing of the initial charges in DUI cases. Specifically, the prosecutors must file the paperwork to pursue charges within five days of an individual’s release from state custody.
Those accused of DUI offenses are often released on their own recognizance on the next business day. They do not need to pay bail or post bond to leave state facilities. The courts grant them personal recognizance bonds because they do not pose a flight risk or a threat to the community.
If prosecutors want to pursue charges, they must file the necessary paperwork within five days. The failure to do so could potentially result in the courts dismissing the case against the defendant. However, the defense attorney representing the defendant often needs to show that the delay could have impacted the state’s case to secure a dismissal.
Other technical errors in the prosecutor’s process can also have major implications on the criminal proceedings of a DUI case. Traffic stops and tests conducted without legal justification could be suppressed before a trial, for example.
Drivers hoping to avoid convictions that could affect their licenses and freedom may need to discuss their situation with a criminal defense attorney. Proving that a violation of the five-day rule occurred could play a key role in a DUI defense strategy for those facing charges in Pennsylvania.
