DUI Preliminary Hearing

A preliminary hearing is a critical stage for any person charged with a criminal offense. For a person charged with a DUI or drunk driving offense – their DUI preliminary hearing is just as critical.

A preliminary hearing for a DUI offense is where the Commonwealth must present “prima facie” evidence (more likely than not) that 1. The DUI offense occurred in the jurisdiction, 2. that the defendant was the one who committed the offense, and 3. each element of the crime (i.e. operation, impairment, level of drugs or alcohol in the blood, etc.)

While the Commonwealth’s burden is low and often met, this is the first time that a skilled defense attorney will be able to cross examine the police officer and any other witness against the individual charged with DUI. There are many times where a skilled lawyer can show that the Commonwealth has not met its burden on one or more of the elements and therefore the charge must be dismissed. If this is not the case, it allows the defense attorney a chance to begin to analyze the evidence that the Commonwealth possesses and begin to develop a strategy moving forward. Also, it will often times permit the DUI lawyer to determine if there may be a valid suppression motion challenging the stop or search of the vehicle that should be filed.

A DUI preliminary hearing is a crucial part in the process. Contact West Chester, Chester County DUI lawyer Mike DiCindio to schedule your initial consultation and begin preparing your defense today.

Read more about the importance of the preliminary hearing here.