If I recently got arrested for a first offense DUI with a BAC of .266, what will happen at my prelim?

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If I recently got arrested for a first offense DUI with a BAC of .266, what will happen at my prelim?

Asked on July 19, 2012 under Criminal Law, Pennsylvania

Answers:

Andrew Goldberg

Answered 9 years ago | Contributor

The purpose of the preliminary hearing  is solely to see if there  is enough evidence to continue to prosecute you in the Court of Common Pleas. Base upon your 0.266%  (  the legal limti being 0.08%  ) it is presumed that you  were incapable of safe driving. If this is your 1st DUI, you probable will waive the preliminary hearing and apply for the first time oofender's program, ARD. If this is your 2nd or 3rd DUI, your lawyer may evaluate to see if the traffic stop was a lawful stop. Depending, you then may have testimony at the preliminary hearing to flush out the officers' observations to prepare for a Motion to Suppress at the next level. Call an attorney to begin discussions.


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