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Montgomery County
Pennsylvania DUI Attorney

DUI defense lawyer

If the police stop your vehicle on suspicion that you are under the influence of alcohol or drugs, there are a few ways you could be charged with a DUI offense in Montgomery County, Pennsylvania. You can be charged with a DUI if your blood alcohol concentration tests at 0.08% or higher within two hours of when you drove, operated, or had actual physical control over a vehicle. You can also be charged with a DUI if you have ingested a sufficient quantity of alcohol to the extent that you are incapable of safely driving a vehicle. Finally, you can be charged with a DUI if you have any amount of a listed schedule 1 drug in your system or schedule 2 or 3 drugs for which you do not have a valid prescription.

Just because you might be facing DUI charges does not mean that you must admit guilt. There are several ways to defend against these types of charges and try to avoid having a conviction on your record. An experienced Montgomery County DUI attorney at DiCindio Law can help you to determine the best defense strategies to use in your case and help you to respond to the charges against you. The potential penalties for a DUI conviction in Montgomery County should prompt you to prioritize finding a skilled DUI defense lawyer, and we are prepared to help.

DUI penalties in Montgomery County

Pennsylvania uses a three-tiered penalty system for DUIs in the state, including in Montgomery County. The DUI statute is found at 75 Pa.C.S. § 3802, which defines the various tiers by BAC level.

Penalties for a general impairment DUI

You can be charged with a general impairment DUI in two different ways. If you drive with any amount of alcohol in your system, you can be charged with this offense if you are rendered incapable of safely driving. You can also be charged with a general impairment DUI if your BAC tests at 0.08% to 0.099%.

If it is your first general impairment DUI conviction, you can face a minimum sentence to probation of six months. You can also be assessed a fine of $300 and be ordered to attend alcohol highway safety school. The judge may also order you to submit to an alcohol screening and attend treatment.

If you have a prior DUI conviction within the last 10 years, the judge can order you to serve from five days to six months in jail. Your driver’s license will be suspended for 12 months, and you will be ordered to pay a fine from $300 up to $2,500. You will also be ordered to install an ignition interlock device in your vehicle for 12 months, attend alcohol highway safety school, and attend alcohol treatment classes.

If you have two prior DUI convictions within the past 10 years, a third conviction will be a felony DUI. You will face from 90 days up to five years in prison, fines from $1,500 to $10,000, an 18-month suspension of your license, mandatory ignition interlock device, alcohol safety classes, and court-ordered treatment.

Penalties for a high BAC DUI in Montgomery County

If your BAC tests from 0.10% to 0.159%, you will face high BAC charges. The first conviction of this offense will result in a driver’s license suspension of 12 months, from 48 hours to six months in prison, a fine from $500 to $5,000, and mandatory attendance at alcohol highway safety school. You will also have to install an ignition interlock device in your vehicle for 12 months and might be ordered by the judge to attend alcohol treatment and education courses.

For one prior DUI conviction, you may be ordered to serve from 30 days up to six months in prison, have your license suspended for 12 months, pay a fine ranging from $750 to $5,000, attend alcohol highway safety school, and go to alcohol treatment classes.

A third conviction within 10 years is a felony. You will face from 90 days to five years in prison, fines from $1,500 up to $10,000, mandatory installation of an ignition interlock device in your vehicle, and attendance at alcohol treatment.

Penalties for a highest BAC DUI in Montgomery County, Pennsylvania

If your BAC tests at 0.16% or higher, you can be charged and convicted of the highest BAC DUI. You can also face this charge if you refuse chemical testing or have any amount of illegal or non-prescribed drugs in your system. This DUI level carries the highest penalties.

If it is your first offense, you will have to serve from 72 hours to six months in prison. The judge can assess a fine of $1,000 up to $5,000, order you to attend alcohol highway safety school, and order you to attend alcohol treatment. You will also have to install an ignition interlock device in your vehicle.

If you are convicted of a second offense within 10 years, your license will be suspended for 12 months. The judge can order you to serve from 90 days up to five years in prison, pay a fine from $1,500 to %10,000, attend alcohol highway safety school, and attend treatment. You will also have to install an ignition interlock device in your vehicle.

A third conviction of the highest BAC DUI will be a felony carrying a prison sentence of one to seven years and a fine of $2,500 to $15,000. You will lose your driving privileges for 18 months and might be ordered to attend treatment. Finally, you will have to install an ignition interlock device in your vehicle.

Why you should retain an experienced DUI lawyer Montgomery County

In Pennsylvania, the DUI laws frequently change. When you retain an experienced Montgomery County DUI attorney, he or she can properly advise you about your legal options and the potential defenses that you might raise.

Without the help of an experienced defense lawyer, you run the risk of being convicted as charged. With the help of an attorney, you might secure a plea to a lesser offense or win an outright dismissal of the charges against you. Contact DiCindio Law today to schedule a consultation by calling 610-430-3535.

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