What To Do If You Are Charged with DUI in Philadelphia
Charged with DUI in Philadelphia? Learn what steps to take, how the legal process works, and why hiring an experienced attorney matters.
Mark D Hauser
6/5/20253 min read


The State of Pennsylvania has a zero-tolerance policy for drunk driving, and the penalties can be severe. If you are caught driving with a blood-alcohol concentration (BAC) of more than 0.08%, you could face significant fines, loss of your license, and even jail time. If you have been arrested for drunk driving, he will be happy to represent you as your DUI lawyer in Philadelphia.
That being said, a DUI charge is not the end of the world, especially if it is your first offense. You have many legal avenues to pursue that can potentially reduce your penalties, so it is important that you remain calm and remember your rights when you are arrested and charged with drunk driving. Don’t panic, and lawyer up as soon as you can! Today, criminal defense attorney Mark D. Hauser would like to share some information with you about what to do if you are charged with a DUI in Philadelphia.
Exercise The Right to Remain Silent
The U.S. Constitution protects your right to avoid incriminating yourself when you are charged with any crime, and DUI is no exception. The police will begin building their case against you the second you are pulled over, and the more information you provide them with, the more likely it is that they will be able to prosecute you. While there are some questions you must legally answer, it’s always smart to avoid giving out any more information than necessary.
You will be required to identify yourself, providing basic information such as your name and address. Providing any other information could incriminate you. You can politely decline to answer any questions such as about where you were, what you were doing, or how much you had to drink. You can tell the officer you would like to speak with an attorney before providing any more information.
While you can decline to answer some questions, you cannot decline a breathalyzer test in Pennsylvania. Doing so will result in an automatic one-year suspension of your license, regardless of what your BAC actually is. Once your BAC is determined, the police may arrest you and take you to jail. Be sure to record the date and time of your arrest, as well as the arresting officer’s name and any other information about the incident. This will be useful during your defense.
During your arrest and questioning, you should continue to exercise your right to remain silent. Once you have identified yourself and taken a breathalyzer, you do not need to provide any other information. You might need to spend the night in jail, but as soon as you are released, you should contact an attorney. Mark D. Hauser can also be your drug defense attorney in Philadelphia.
Contact an Attorney as Soon as Possible
Having an experienced attorney in your corner is your best chance of getting your charges reduced or dismissed. A Philadelphia DUI attorney like Mark D. Hauser can advise you on how to handle your charges, and represent you in court or during plea deal negotiations if necessary. After being released by the police, your court date will be set. It is crucial that you and your attorney attend that court date. Follow your attorney’s advice and never admit guilt, even to friends and family members, until the case is resolved.
If it is your first DUI offense, you may only be charged with a misdemeanor. You could be fined, lose your license, be put on probation, and be required to attend mandatory DUI classes, but it is unlikely you will face jail time without any other aggravating factors. If it is your second offense, you are much more likely to serve a jail sentence, have your license suspended, or be required to install an ignition interlock device in your vehicle.
Any DUI beyond 2 will increase your penalties and the likelihood of jail time. Whether it’s your first DUI charge or you have had multiple in the past, hiring the best DUI attorney you can find will greatly improve your chances of negotiating a favorable plea deal that will allow you to avoid the most serious penalties.
As a criminal defense attorney for more than 30 years, Mark D. Hauser has handled countless DUI cases, helping his clients achieve the best possible outcome for their situation. Before you give any information to the police, contact Mark D. Hauser today.