Montgomery County DUI Defense Attorney
Pennsylvania saw a decrease in the number in 2022, which dropped from 1,230 to 1,179, but that number is still not zero. Until that zero number is reached, lawmakers continue to take a vigorous approach to drunk driving. The result is arresting innocent people or using them as examples to deter others. If you are convicted, serious penalties can include jail time, fines, and suspension of licenses. If you or a loved one have been convicted of a DUI in Montgomery County, contact a Montgomery County DUI Defense Attorney to discuss legal action moving forward and ensure your rights are protected. We serve Montgomery County with offices in Plymouth Meeting, PA.
Why Choose A Montgomery DUI Defense Attorney From Us?
At Ciccarelli Law Offices, our Montgomery County DUI attorneys are here to help you follow your DUI charges. This can be a time when you are extremely stressed and even frightened regarding the potential criminal penalties associated with your DUI charges. We understand you are facing many serious penalties, and that you may be feeling very anxious about your future, and we will do our best to alleviate those fears, answering your questions about the Montgomery County DUI process. We also understand that if you are unable to drive, you may also be unable to work, therefore, we will fight hard to retain your driving privileges.
What We Offer At Ciccarelli Law Offices
- Our Montgomery drunk driving defense lawyers are knowledgeable of Pennsylvania statutes and can help your case from going on your record with the Probation Before Judgment.
- Our local lawyers are trusted within the court system and may be able to negotiate a plea deal.
- We are committed to your case and will advise on what is and isn’t standard in a DUI or DWI to bolster your case.
Why You Need a DUI Defense Lawyer
DUIs and drunk driving are offenses punishable by jail time, and fines, and remain on your permanent record. During a time of aggressive law enforcement with driving under the influence, mistakes are easily made. For example, the prosecutor may try to convict you with information obtained in violation of your Fourth Amendment rights. In this case, a plea deal would be used and charges dropped. A local Montgomery County criminal defense attorney will help you evaluate your options and make smart choices.
Montgomery County Alcohol Highway Safety Program
In 1977, the Alcohol Highway Safety Program in Pennsylvania was formalized as a result of a revision of the Motor Vehicle Code. This program provided for DUI coordinators to be named in each county, under the Judge of the county.
The DUI coordinator in each county oversees the Alcohol Highway Safety School and the Court Reporting Network. In Montgomery County, the process is overseen by the Montgomery County Adult Probation & Parole Department’s DUI Administration.
New Pennsylvania DUI Laws
Pennsylvania has never been a state that is soft on DUI offenses, and recently, the laws have gotten even tougher for those caught driving while impaired by alcohol, marijuana, or other controlled substances. In 2018, Governor Tom Wolf made the penalties for impaired driving tougher, creating a new felony category for certain DUI offenses.
Drivers who cause a fatal accident while under the influence would face a minimum of five years in prison for each death—up from the current three years—if the driver had a prior DUI conviction. If the driver had two or more prior DUI convictions, the minimum prison term for each death in a fatal DUI accident would be seven years according to the PA Department of Motor Vehicles (DMV).
Pennsylvania Parents Against Impaired Driving, a group of parents in the state who have lost children to DUI accidents, believe repeat offenders in the state are responsible for at least 40 percent of all DUI fatalities. The bill also provides that multiple repeat offenders who are arrested for the third DUI with a BAC of .16 or higher would face felony charges. All repeat offenders who are facing a fourth or subsequent arrest for impaired driving would also face felony charges. Currently, Pennsylvania is one of just four states that treat all standard DUI convictions as misdemeanors.
The new law increases the penalties for driving while serving a DUI license suspension. Under the old laws, the maximum penalty was a $500 fine and up to 90 days in jail, regardless of whether the offense was a first or subsequent offense. Under the new law, a second DUI offense results in a fine of up to $1,000 and at least 90 days in jail, while a third offense results in a $2,500 fine and up to six months in jail. Finally, the new law stipulates that any adult accompanying a driver with a learner’s permit must remain sober, or risk being charged with DUI as a passenger.
Tiers of BAC Levels in the State of Pennsylvania
Like other aspects of its DUI process, Philadelphia also has a unique tier system as far as DUI penalties go. The tiers are based on BAC, as well as multiple DUI convictions. The lowest penalty category for a Pennsylvania DUI is a BAC from 0.08 percent to .99 percent. The higher penalty category for a Pennsylvania DUI is a BAC from .10 percent to .159 percent, and the highest penalty category for a Pennsylvania DUI is .16 percent or higher.
Ignition Interlock Laws in the State of Pennsylvania
The state of Pennsylvania now requires installation of an Ignition Interlock requirement for first-time and repeat DUI offenders who have a high BAC level. Refusing to submit to chemic testing for a first DUI offense will result in having an Ignition Interlock device installed for one year. For those who violate the terms of their Ignition Interlock, the period of time will be extended for one year. For a second or subsequent DUI offense, refusal to submit will result in an Ignition Interlock for one year, with eligibility after nine months. For a second or subsequent DUI offense, an Ignition Interlock violation will result in no early Interlock eligibility and an Ignition Interlock device for one year.
An Ignition Interlock device is mandated for any DUI offense with a BAC higher than .10 percent. The only time an Ignition Interlock device is not required is for a first DUI within ten years, with a BAC less than .10 percent, and no injuries. An Ignition Interlock device prevents a driver who has been drinking from starting the vehicle. The driver must blow into the device, and if alcohol is detected, the car will not start. Additionally, periodically while driving, the driver will be prompted to blow into the device to ensure he or she has not been drinking after starting the vehicle. The average costs associated with a Pennsylvania Ignition Interlock device is between $900 and $1,300 per year.
ARD in Montgomery County
In Montgomery County, the Accelerated Rehabilitative Disposition (ARD) Program is supervised by the ARD Captain who reviews criminal cases for potential admission into the program. The Supreme Court of Pennsylvania approves ARD for first-time offenders who have no prior criminal convictions and no prior ARD dispositions. The purpose of the ARD program is to dispense the charges, eliminate the need for time-consuming trials and other court proceedings, recognize those who are amenable to treatment and rehabilitation, removing these DUI cases from the criminal justice system. Those who would like to be placed into the ARD program must submit a written application to the DA’s office within 30 days of the preliminary hearing. The preliminary hearing and formal arraignment must be waived to receive ARD, and, if approved for the program, the individual must be placed on probation, ordered to pay fines and costs, and complete community service. Once the ARD program is completed, the applicant can petition the court to have his or her record expunged
Pennsylvania Drunk Driving Penalties
The state of Pennsylvania takes drunk driving and driving under the influence very seriously. Laws for blood alcohol content are strict and are based on the driver’s blood alcohol content. The BAC in Pennsylvania is separated into tiers, 0.08%, 0.10 to 0.159%, and 0.16% or higher. Penalties in Pennsylvania depend on the BAC and level of defense. A first-offense DUI is punishable by a $300 fine, but no jail time and no points on their license. A second-offense DUI is punishable by a fine up to $2500, a one-year license suspension, and a minimum of 5 days to 6 months jail time. A third-offense DUI is punishable by up to a $5000 fine, a one-year license suspension, and a minimum of 10 days to 2 years in jail.
Collateral Consequences for DUI Convictions
While Pennsylvania already has stiff penalties for drunk driving convictions, there are other costs you can face. The damage a DUI conviction can do to your personal and professional life can be far-reaching and long-term. These consequences can follow you potentially for the rest of your life.
Relationships can suffer
Following a conviction for drinking and driving can ruin your relationships with friends, family members, and even professional colleagues. DUI conviction can be a sign that you may have addictive tendencies when it comes to alcohol, which can lead to your partner leaving or using your conviction as a reason to dissolve your marriage. You could even have difficulty maintaining relationships with your children or even face court orders against seeing them.
Difficulty with employment
Depending on your career path or profession, you may even find yourself being passed over for promotions or the possibility that you could be fired. Many businesses do not want to be associated with individuals who have a DUI conviction. You may also be faced with difficulty finding new employment opportunities if your conviction results in your current employment being terminated.
Securing a place to live may be hindered by a conviction
You could also face difficulty finding housing as a DUI conviction will appear on any background checks that potential landlords may run. You may also find difficulty in securing loans or mortgages for housing purchases. This could also prevent you from applying for loans for businesses you had hoped to start in the future.
Civil action for injury victims or property damage
Even if you have been acquitted in a criminal case for drinking and driving, you may still be responsible for any injuries or property damage you may have caused. Many DUI arrests result when police respond to vehicle collisions and find that one of the drivers has been operating their vehicle under the influence.
While you may have been successful in criminal court, you may still be found financially responsible for injuries or damages which your insurance provider may not cover as many policies have provisions that the insurer will not have to pay out if you were under the influence when the collision occurred.
Drunk Driving Defenses
If you are arrested driving under the influence with the appropriate blood alcohol content, you are held liable. Third parties that sell alcohol to an individual who drives under the influence could also be liable. For this, Montgomery Country Criminal Defense Attorneys will evaluate all of the circumstances and work hard to lessen the charges. For example, an attorney could use the no probable cause defense, in which there was no probable cause to stop the individual and test for their BAC. Other defenses are no impairment, faulty BAC test results, not driving at the time, and rising BAC. These defenses require carefully crafted legal plans.
Breathalyzer Calibration Issues
Just like any other machine or device, breathalyzers can fail or give false results. Having the actual device that was used to test your breath inspected by the manufacturer to determine and certify its accuracy can help in your defense. Prosecuting attorneys may object to this, but it can give the jury information they may not have otherwise considered, leading to the reasonable doubt threshold for criminal cases.
Having a Medical Condition
Certain medical conditions can also contribute to an inaccurate suspicion of you being under the influence of alcohol. Some diabetics can exhibit symptoms very similar to intoxication when they are suffering from ketoacidosis. Other medical conditions can also mimic the supposed signs of alcohol or controlled substance intoxication, such as a head injury or kidney disease, which can bolster your defense in court.
Driving Under the Influence (DUI) Charges FAQ
Being arrested for driving under the influence (DUI) can be a confusing and unsettling experience for anyone. While you may be troubled by your interaction with the police, you may have dozens of questions about how the process will unfold. Our clients have consistently asked us specific questions that we can address here to help you better understand the situation you are faced with, including:
Are field sobriety tests (FST’s) admissible evidence?
These tests are technically not admissible as evidence in the Commonwealth of Pennsylvania under 75 Pa. § 1547, but FSTs can be used to establish probable cause for arrest. While the results of your field sobriety tests may not be used against you in court, they are intended to provide law enforcement with the information needed to legally gather evidence against you.
Police officers must go through specialized training to administer these tests, but if they make any errors, we can use the details of how they came to their conclusions to unravel the prosecution’s case.
Can I be charged with DUI if I have not been drinking alcohol?
In Pennsylvania, you can still be charged with DUI even if you have not been drinking but do have traceable levels of marijuana, prescription drugs, or any controlled substances in your system.
As with the sobriety tests for alcohol, police officers must undergo specialized training to qualify as a Drug Recognition Expert (DRE). Not all officers will hold this title, but if you have been stopped under the suspicion of DUI, the responding officer can detain you until an officer with DRE training arrives.
Is it legal for police to set up checkpoints to find drivers who are drugged or drunk?
The simple answer is yes, but as with the field sobriety tests, there are specific protocols that law enforcement must follow to set up these checkpoints. The guidelines were established based on the precedents of Pennsylvania Supreme Court decisions in Commonwealth v Tarbert (1987) and Commonwealth v Blouse (1992). If any of these guidelines were ignored or violated by the police officers operating the checkpoint, that may be another piece of evidence we can use to have your charges reduced or dismissed.
Can I get my DUI charge expunged from my permanent record?
As with the unique circumstances of every court case, the ability to have your DUI removed from your record will depend on the details of your case. If your case was charged as a misdemeanor, or it was your first offense, you may be eligible to have your DUI expunged after ten years and completion of an Accelerated Rehabilitation Disposition (ARD). However, if your case was charged as a felony because someone was injured or lost their life in a vehicular homicide accident, you may not be able to have your DUI removed from your record.
What is Implied Consent and how would it apply to my DUI charges?
Under 75 Pa. § 1613, implied consent means that when you receive your PA driver’s license, it is implied that you would consent to testing if you are under suspicion of DUI. This means that when you entered into a contract with the Commonwealth for the privilege of driving, you agreed that you would not drive under the influence of alcohol or drugs.
This contract also stipulates that if you are suspected of driving under the influence, you agree to take a breathalyzer test or have your blood tested to determine your status of using alcohol or controlled substances.
Contact Our Montgomery DUI Attorneys Today
Montgomery DUI Defense Attorneys work diligently on behalf of every client. Whether your blood alcohol content was over the limit or not, a defense can be made in your case. Contact a defense attorney to evaluate your case and help you take the next step. We may be able to lessen your charges, including keeping your case from remaining on your permanent record. Call to request your free, no-obligation consultation or fill out our convenient contact form.