How long does the state or county have tobring you to arraignment or preliminary hearing or trial after a DUI arrest in pennsyl?

Asked almost 2 years ago - Bethlehem, PA

i was arrested for a dui on may 6th. i finally heard something and had an arraingment on aug.29th

Attorney answers (3)

  1. Anthony Gil

    Contributor Level 10


    Lawyers agree

    Answered . The police have up to two years to file charges for DUI due to the statute of limitations (2 years). From the time charges are filed, the government has 365 days to complete the case. There are a number of exceptions, such as any time for defense continuances. Those exceptions are called "excludable time." There are a number of court cases and statutes involved in calculating excluable time, and without having considerable experience doing such work, it may be hard to calculate. In your case, only three months have passed since your arrest. I'm not sure from the information you provided if police already filed the charges when you were arrested, or if they mailed you the complaint. In either case, it does not look as if you have a time issue just based on the facts you presented. I advise you speak to an attorney regarding your case, since there may be other issues an attorney may spot after consulting with you.

    ║ Anthony Gil, Esq. ║ ║ (215) 840-4704 ║ The answers I provide are not considered legal... more
  2. Forest Dean Morgan

    Contributor Level 17


    Lawyers agree

    Answered . This is within the statute of limitations. The Commonwealth has 365 days from the date of the complaint to bring you to trial (excluding any delays that can be attributed to you)

  3. Charles Anthony Rick

    Contributor Level 15

    Answered . I agree with both of my colleagues. The commonwealth is well within their 365 day timeline to get the case to trial.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this... more

Related Topics

DUI: An overview

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

DUI preliminary hearing

Preliminary hearings may be held in felony cases and certain misdemeanor cases to determine whether there is enough evidence for a trial.

Avvo Staff

Preliminary hearings in DUI cases

Not all DUIs have preliminary hearings - but if one is held, this is where the judge will decide if your case should go to trial.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

29,377 answers this week

3,161 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,377 answers this week

3,161 attorneys answering