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How long will it take for me to be charged with a DUI in PA?

Erie, PA |

I was involved in a single car accident over a month ago because I was drinking and driving. No one else was involved. I didn't hit anyone and no one was in my car. I was taken to the hospital for minor injuries and by BAC was determined by a blood test done through the hospital. I do no know if the police requested it because i was extremely disoriented from flipping my car and having a head injury. I was just wondering how long/if at all will i be charged with a DUI? I kind of remember signing papers in the hospital but I do not rememeber being read right nor the cops asking me anything. And if they did ask me questions is it fair for them to use it agaisnt me if I was fully concious?

In the last sentence i meant to say if i WASN'T full concious!

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Attorney answers 4


Filing of DUI charges in Pennsylvania depends on various things such as the county and circumstances surrounding the case. For instance, I have had cases where my client was involved in an accident and then taken to hospital for blood and charges were not filed for over a month. On the other hand, I have had clients charged within a day of the stop. So it really does depend on your individual circumstances and jurisdiction.


Sorry for your recent situation. To answer your question, it depends on the county and the police department. In general, the police may take a few months to file charges against you.The police can use the blood against you either by using a subpoena or by using the consent form that you may have given. Should you be charged in the next few days, you should contact an attorney who is experienced at handling DUIs


Police have up to two years from the date of your offense to charge you with a DUI Offense in Pennsylvania. Depending on the particular county of your offense, on average, you can expect the paperwork to be processed and charges to be received within two months of the offense. If the police attempt to use incriminating statements against you in prosecuting your case you should discuss the specifics with your criminal defense attorney who may be able to have the statements suppressed if your rights were not properly provided to you.

The response provided by this attorney does NOT create an attorney - client relationship, nor have we agreed to accept this case for representation. You should consult with an experienced attorney in the area of law you have legal questions about.


Read Pa. R. Crim. Pro. 519. They have 5 days. If they violate that rule you only get a remedy if you can show prejudice, but there are cases won on this basis so you should have a good Pennsylvania criminal defense attorney review the facts of your case.
Steven F. Fairlie, Esq.
Fairlie & Lippy, P.C.
1501 Lower State Road, Suite 304
North Wales, PA 19454
voice: (215) 997-1000
fax: (215) 997-1777

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