Rule 519 - 5 day rule for DUIs

Pennsylvania Rule of Criminal Procedure 519 states that if a defendant is released from custody without a bail hearing, pursuant to a DUI arrest, the Commonwealth technically has five (5) days to file charges against the defendant. A prolonged delay from the five (5) days could result in the case being dismissed entirely. The longer the delay, the worse it looks and the more leverage you will have to get a reduction in charges.

Yes, a criminal case can be dismissed for a violation of Pennsylvania Rule of Criminal Procedure 519, but the defendant must demonstrate actual prejudice resulting from the violation. In the case of Commonwealth v. McCloskey, 2010 Pa. Dist. & Cnty. Dec. LEXIS 576, the court dismissed the complaints due to a significant delay in filing the complaint, which was seen as an egregious violation of Rule 519. However, the court noted that Pennsylvania case law requires the defendant to show actual prejudice for a dismissal to be warranted. Commonwealth v. McCloskey, 2010 Pa. Dist. & Cnty. Dec. LEXIS 576. Similarly, in Commonwealth v. Bozarth, 2017 Pa. Dist. & Cnty. Dec. LEXIS 1016, the charges were dismissed due to a violation of Rule 519, and the dismissal was affirmed because the defendant demonstrated prejudice, including the loss of a defense witness and the lengthy passage of time before charges were filed.

Furthermore, the Pennsylvania Supreme Court in Commonwealth v. Revtai, 516 Pa. 53 established that a violation of the five-day provision of Rule 519 is a procedural defect that triggers an analysis under Rule 109. According to Rule 109, dismissal is not appropriate unless the procedural defect is prejudicial to the rights of the defendant. Therefore, while a violation of Rule 519 can lead to the dismissal of a criminal case, it is contingent upon the defendant proving that the delay caused actual prejudice to their case.

Actual prejudice could include a dead witness, a loss of physical evidence (such as blood work), and a change in circumstances for the defendant that would preclude them from being able to adequately defend their case.

Regardless, it is difficult to get a DUI dismissed on a Rule 519 violation. Even with actual prejudice judges are increasingly reluctant to dismiss DUI cases, especially when the other evidence presented lines up and shows strong evidence of guilt.