A driving under the influence (DUI) charge is a serious criminal offense, and being convicted of DUI can lead to a permanent criminal record. But this one mistake does not have to affect the rest of your life. There are often options for getting a more favorable outcome through the criminal justice system.
With the help of a skilled DUI lawyer, you may be able to minimize the disruption this causes, especially if this is your first offense. Contact our Montgomery County criminal defense attorneys as soon as possible after your arrest to learn more.
When a police officer stops you for driving under the influence of alcohol in Pennsylvania, you could face arrest, a license suspension, house arrest, hefty fines, hours of community service, an increase in insurance premiums, and even a jail sentence. It is not unusual to have significant stress and worry about your future following an arrest.
Most people facing criminal charges for drunk driving have many questions:
If you are facing a DUI in Montgomery County and have these questions or others like them, our DUI defense lawyer can help you understand and navigate the legal process.
If a police officer stops you and requests you take a breath or blood test and your blood alcohol content (BAC) is .08 or above, you could face a DUI charge. And it is important to note that refusing to take a blood, breath, or urine test will likely not help. If you refuse to submit to the breath test, the state can still convict you, and you will likely face other charges. You may also be asked to take a field sobriety test.
After your DUI arrest, here are some of the things you can expect:
They Will Suspend Your Driver’s License
You have ten days after your arrest to request an administrative hearing to prevent your driver’s license suspension. We recommend having a Montgomery County DUI lawyer from the McKenzie Law Firm, P.C., represent you at this hearing to give you the best chance of retaining your license or getting special privileges to commute to and from work or school.
It is important to recognize how quickly you must act to request this hearing. You should contact our team for your initial consultation as soon as possible following your arrest. This is especially true for first-time offenders who may have more options to avoid becoming a convicted drunk driver thanks to pre-trial diversion programs available in Montgomery County.
You May Be Eligible for Accelerated Rehabilitative Discharge (ARD)
Pennsylvania has a program called Accelerated Rehabilitative Discharge (ARD). If this is your first offense, you may qualify. In Montgomery County, admission into ARD is reviewed by the District Attorney’s ARD Unit. Successful completion of an ARD program will dismiss your DUI charge and could make you eligible for expungement.
Our Montgomery County ARD lawyer represents first-time DUI offenders frequently and helps them apply for this program.
You Will Probably Have to Go to Court
After your arrest, your case begins with a preliminary hearing at one of Montgomery County’s Magisterial District Courts, based on where you were arrested. Your preliminary hearing is typically scheduled within a few weeks of your arrest.
From there, your case moves to the Montgomery County Court of Common Pleas in Norristown for your formal arraignment. The formal arraignment usually follows six to eight weeks after that. These timelines can shift depending on court scheduling and the specifics of your case.
Most people who face arrest must appear in court for their arraignment. During this appearance, you learn what charges you face and enter your plea. We often try to reduce the charges before arraignment or reach a plea agreement with prosecutors to prevent clients from having to continue to trial. If this is not possible, you may have to go to trial, where a jury will rule on your case.
You Could Face Serious Penalties
If you are convicted of a DUI in Pennsylvania, you may face serious legal penalties. Depending on any previous convictions, whether anyone suffered injuries, and other facts of your case, these penalties can vary greatly. According to Pennsylvania Department of Transportation (PennDOT), jail time, fines, license suspension, and required drug and alcohol treatment programs are all common.
If you have never had a DUI before, a police officer stopped you without incident, and your BAC was under .10, penalties may include a fine up to $300, up to six months of probation, and possible use of an ignition interlock device. A higher BAC can result in more serious penalties. Because outcomes depend on the specific facts of your case, it’s important to talk to a lawyer about what you may be facing.
You May Be Held at the Montgomery County Correctional Facility
If you are held or sentenced to jail time for a DUI, it would typically be at the Montgomery County Correctional Facility in Eagleville. The facility houses both individuals awaiting trial and those serving a sentence. It also offers a DUI and weekend sentence program, which may allow eligible individuals to serve certain sentences on weekends rather than serving time all at once. Our lawyer can help you understand whether this option may apply to your situation.
With a skilled Montgomery County DUI attorney by your side, you have a shot at reducing your sentence or having your drunk driving charges reduced or dropped. There are several ways we can beat a Pennsylvania DUI charge:
The Prosecution Drops the Charges
We might be able to argue that there is not enough evidence to support going forward with a trial and request the prosecution drop the charges.
We Get Some or All Evidence Ruled Inadmissible
The prosecution must present evidence showing you are guilty “beyond a reasonable doubt.” If we can get the BAC results or other important evidence ruled inadmissible, the prosecution will have a much more difficult time proving its case against you. We might be able to argue the testing methods or equipment were unreliable.
We Negotiate a Deal for Reduced Charges
This tactic is one of the most common ways we help our clients win their cases. We agree to enter a guilty plea in exchange for a lighter sentence, such as a “wet reckless,” which means alcohol was involved but typically carries fewer penalties than a DUI conviction.
We Identify Procedural Errors in Your Case
Mistakes in how your case was handled, such as improper paperwork, missed deadlines, or failure to follow required procedures during your arrest or testing, can sometimes work in your favor. If we find these kinds of errors, we may be able to use them to get evidence excluded or charges reduced.
The Jury Finds You Not Guilty
If we determine the best course of action is to take a case to trial, it is often because we believe we can win in court. If the jury finds you not guilty, the charges will not remain on your record, and there are no further repercussions of your arrest.
If you were charged with a DUI, we can fight for your innocence. The defense strategy we use will depend on the circumstances of your case. Our Montgomery criminal defense lawyer may:
Which of these strategies applies to your case depends on the specific circumstances of your arrest, and a lawyer can help identify which one gives you the strongest defense.
Your Montgomery County DUI attorney plays a key role in both the administrative and legal aspects of this type of charge. We work to help you keep your driver’s license through an administrative appeal while also striving to minimize the legal consequences of your arrests. All Montgomery County DUI cases are different, and it takes a knowledgeable attorney to know which strategy is likely to help you the most.
From analyzing your arrest and the strength of the case against you to negotiating a plea deal, we may work several different angles to reduce the severity of your sentence or get your charges dropped. We can present your options to you, explaining the pros and cons of ARD and other options for a more favorable outcome in your case.
Attorney David McKenzie is a former prosecutor and understands how the system works. At McKenzie Law Firm, P.C., we want our clients to know that just because they are facing a DUI charge doesn’t necessarily mean they will get convicted. We will fight so that you can stay out of prison and keep your license. If you choose our firm, you can expect the following:
These commitments are what you can expect from our firm at every stage of your case.
Not only will a DUI conviction cause serious legal consequences, but you could also face consequences in your personal and professional life. These ramifications could affect you for a few years to the rest of your life. Ways a DUI conviction could affect you include:
If you have been charged with a DUI, you have the right to legal representation. We will do what we can to help you avoid having a DUI conviction on your record.
If you need help with your Pennsylvania DUI, contact the McKenzie Law Firm, P.C. today. Facing a DUI in Montgomery County can feel overwhelming, especially with court dates, license issues, and possible penalties all happening at once.
We can schedule a time for you to meet with a Montgomery County DUI lawyer to discuss your case and determine your legal options. Contact the McKenzie Law Firm, P.C. now for a consultation.
