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DUI Lawyer Montgomery County PA

If you’ve been charged with a DUI, you’re most likely feeling overwhelmed and unsure of where to turn. Fortunately, it’s not hopeless. Although a DUI charge in Pennsylvania can have serious consequences including loss of a driver’s license and prison time, as well as emotional and financial consequences, you don’t have to navigate the system alone. It’s important to take a DUI charge seriously and engage a competent Montgomery County DUI lawyer as soon as possible. Whether it’s taking your case to trial, working through a plea bargain, or applying for a diversionary program such as ARD, we’re experienced DUI lawyers who can help. We know that most DUIs involve good people who just made bad decisions. Contact us today so we can get started working on your case.

DUI Lawyer | Here to Protect Your Driving Privileges & Future

We have defended hundreds of drivers charged with DUI in Montgomery County, Bucks County, Chester County, Delaware County, and throughout Pennsylvania. Our attorneys have worked tirelessly to keep clients out of jail and to continue driving. Speak with a dedicated Blue Bell criminal defense lawyer from our firm for guidance today.

Penalties for DUI Charges in Pennsylvania

There are three primary classifications for DUI charges in Pennsylvania. They are as follows:

  • General Impairment DUI
  • High BAC DUI
  • Highest BAC DUI

Click here for a full chart of DUI penalties, broken down by tier, in Pennsylvania.

General Impairment DUI Penalties

If you are found guilty of a general impairment DUI, meaning your BAC was between .08% and .099% at the time of your arrest, you will face the following penalties (depending on whether it is your first, second, or subsequent offense, among other factors):

  • First Offense: An ungraded misdemeanor, minimum term of six months of probation, a $300 fine, mandatory completion of alcohol highway safety school, and potential drug/alcohol treatment.
  • Second Offense: An ungraded misdemeanor, mandatory 12-month driver’s license suspension, anywhere between five days in jail and six months in jail, a potential $300-$2,500 fine, enrollment in alcohol highway safety school, one year with the ignition interlock device installed in your vehicle, and potential court-ordered treatment.
  • Third Offense: A 12-month driver’s license suspension, anywhere between 10 days and two years of incarceration, a fine of $500-$5,000, from ten days up to one year with the ignition interlock device in your vehicle, and a full drug and alcohol assessment.
  • Fourth Offense: Anywhere between 10 days and 10 years in jail, a $500- $25000 fine, an 18-month driver’s license suspension, one year with the ignition interlock device in your vehicle, and a full drug and alcohol assessment.

High BAC DUI Penalties

If you’re convicted of a high BAC DUI, meaning you had a BAC that was greater than .10% but less than .16%, you will face the following penalties:

  • First Offense: An ungraded misdemeanor, a mandatory minimum of 48 hours of incarceration (but up to six months), mandatory completion of alcohol highway safety school, a 12-month driver’s license suspension, one year with the ignition interlock device in your vehicle, and a potential $500-$5,000 fine.
  • Second Offense: Anywhere between 30 days in jail and six months in jail, a $750-$5,000 fine, a 12-month driver’s license suspension, one year with the ignition interlock device in your vehicle, a full drug and alcohol assessment, and mandatory completion of alcohol highway safety school.
  • Third Offense: Anywhere between 90 days in jail and five years in jail, an 18-month driver’s license suspension, a $1,500-$10,000 fine, a full drug and alcohol assessment, and one year with the ignition interlock device in your vehicle.
  • Fourth Offense: Anywhere between one year and five years of incarceration, an 18-month driver’s license suspension, a $1,500-$10,000 fine, one year with the ignition interlock device in your vehicle, and a full drug and alcohol assessment.

Highest BAC DUI Penalties

If you’re arrested for having a BAC of .16% or higher, you will face highest BAC DUI charges. The penalties for these charges are as follows:

  • First Offense: Anywhere between 72 hours and six months of incarceration, a $1,000-$5,000 fine, a 12-month driver’s license suspension, a full drug and alcohol assessment, and mandatory participation and completion of alcohol highway safety school.
  • Second Offense: Anywhere between 90 days and five years of incarceration, an 18-month driver’s license suspension, a $1,500-$10,000 fine, one year with the ignition interlock device, a full drug and alcohol assessment, and mandatory participation and completion of alcohol highway safety school.
  • Third Offense: Anywhere between one year and five years in jail, an 18-month driver’s license suspension, a $2,500-$15,000 fine, a full drug and alcohol assessment, and one year with the ignition interlock device in your vehicle.
  • Fourth Offense: Anywhere between one year and 10 years of incarceration, an 18-month driver’s license suspension, a $2,500-$25,000 fine, one year with the ignition interlock device in your vehicle, and a full drug and alcohol assessment.

Importantly, DUIs are considered crimes in Pennsylvania, which means that in most cases, upon convicted, you will develop a criminal record, which, unfortunately, can haunt you for years down the road. Don’t face these charges without a competent Montgomery County DUI lawyer in your corner.

DUI With a Minor in the Vehicle

If you are convicted if DUI in Pennsylvania and you had a minor in your vehicle at the time of the DUI you are subject to additional mandatory penalties including:

  • First Offense: A fine of not less than $1,000 and 100 hours of community service.
  • For a second offense the fine increases to $2,500 and a minimum of one month in jail.
  • A third offense carries a prison sentence from a minimum of six months up to two years in jail.

DUI With a Commercial Driver’s License in Pennsylvania

If you are found operating a school bus with a BAC of .02% or higher, or another commercial vehicle with a BAC of .04% or higher, you will face the following penalties:

  • A 12-month driver’s license suspension
  • Anywhere between two days and six months in jail
  • A maximum $5,000 fine

For a second DUI with a CDL, you will face the following:

  • Permanent revocation of your CDL
  • A 12-month driver’s license suspension
  • Anywhere between one month and six months in jail
  • A $5,000 fine

Underage DUI Charges

Like other DUI charges, the number of previous offenses plays a significant role in the charges an underage person will face. That said, if someone under the age of 21 is found to have a BAC of even .02%, they will face DUI charges. The penalties for under 21 DUI charges in Pennsylvania are as follows:

  • First Offense: A 12-month driver’s license suspension, a $500-$5,000 fine, anywhere between 48 hours and six months in jail, one year with the ignition interlock device installed, enrollment in alcohol highway safety school, and potential court-ordered treatment.
  • Second Offense: A 12-month driver’s license suspension, a $750-$5,000 fine, anywhere between 30 days and six months in jail, one year with the ignition interlock device installed, enrollment in alcohol highway safety school, and potential court-ordered treatment.
  • Third Offense: An 18-month driver’s license suspension, a $1,500-$5,000 fine, anywhere between 90 days and five years in jail, one year with the ignition interlock device installed, and potential court-ordered treatment.
  • Fourth Offense: An 18-month driver’s license suspension, a $1,500 fine, anywhere between one and seven years of incarceration, and one year with the ignition interlock device installed.

What to do After a DUI Arrest

First, reach out to us! It’s important that you contact a DUI lawyer right away. We can help you right from the start and make the entire experience easier. We offer a complementary strategy roadmap for dealing with DUI cases. Our deep bench of DUI resources will help position you for the best result possible. During this strategy road map meeting, we will tell you what you can do to better position yourself and also what might hurt you in your case.

DUI Court Process and Proceedings

From a DUI trial to PENNDOT proceedings, we have your back. We offer clients a clear guide to the DUI process in Pennsylvania so that they know what will happen during each phase of their case. After your DUI arrest, you can expect to receive a criminal complaint in the mail as well as a notice of hearing setting forth the time, date, and location of your preliminary hearing. A preliminary hearing is held before a Magisterial District Judge to determine if there is sufficient evidence for the case to go to trial. After the Preliminary hearing, you will be required to attend a CRN evaluation to determine if there is a problem with alcohol or drug abuse. You may also be required to attend a Drug & Alcohol evaluation. After the CRN evaluation, your case will either proceed to trial, or plea or an application will be filed to divert the case to ARD.

If Your Driver’s License is Suspended Due to a DUI

If your driver’s license is suspended due to a DUI, you still have options that we can assist with that will allow you to continue to drive. For example, we have assisted clients in obtaining ignition interlock limited licenses and the actual ignition interlock device at a discount. This option can be invaluable in allowing clients to continue driving to get to work and keep their jobs, go to doctor’s appointments, shop, attend school, and support their families.

What is an Accelerated Rehabilitative Disposition (ARD)?

An Accelerated Rehabilitative Disposition or ARD is a diversionary program for which those without prior records or DUIs within ten (10) years may qualify. Most importantly ARD helps you avoid jail time and a criminal record. In fact, once you successfully complete the ARD program you are eligible to have your arrest record expunged, a process that a seasoned DUI lawyer can help with as well.

It is important to know that different counties have different requirements for being admitted to the ARD program. Our attorneys have helped countless individuals gain admission into the ARD program in Montgomery County, Bucks County, Chester County, and Delaware County. We have even been successful in gaining admission to ARD programs for clients who were first denied admission to the program. If ARD is right for you we can help.

Important Things to Know About DUIs in Pennsylvania

Many DUIs are charged after a Police Officer pulls someone over for a violation of the traffic or motor vehicle code such as having a taillight out. Some are charged after an officer observes erratic driving such as crossing over the center line or fog line.

  • Drivers have been charged with DUI when they have been parked and seated in the driver’s seat of a car
  • There is no requirement that a driver takes a roadside sobriety test at the scene of the stop, such as the walk and turn test, finger-to-nose test, or pre-breath test.
  • Failure to take a Blood Alcohol Content (BAC) test, if requested, after an arrest may result in an additional year’s license suspension.
  • Drivers do not have the right to choose the type of BAC test that they take. People have been deemed to refuse the BAC test because they were afraid of needles and insisted on a breath test.
  • Once read the appropriate warnings, drivers who insist on speaking with an attorney have been found to refuse the test, resulting in an additional year’s license suspension.
  • Drivers have an obligation to provide an officer with their license, registration, and insurance. They do not have an obligation to tell an officer where they have been, where they are going, or if they have been drinking.

Contact a Blue Bell DUI Lawyer Today

If you have been arrested for driving under the influence in the Commonwealth of Pennsylvania, you need a DUI lawyer who can effectively fight your charges. The legal team at Mudrick & Zucker understands the seriousness of a DUI charge and is ready to explore all possible defenses on your behalf. Our firm recognizes how serious a DUI conviction can be and the impacts it can have on your future. To discuss your situation with a DUI lawyer at our firm, contact Mudrick & Zucker today.

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