DUI Lawyer in Montgomeryville
If you have been arrested for DUI in Montgomeryville, PA, it can be tempting to just accept your fate and try to move on with your life. Unfortunately, even if you are a first-time offender, moving on is not that easy. In Montgomeryville, drunk driving charges can result in jail time, harsh fines, and suspension of your driver’s license. Even after you have served your punishment, the conviction will remain on your record forever.
The best way to avoid DUI charges is to never drive if you have been drinking. But good people can make mistakes or find themselves in situations they did not anticipate. If you find yourself facing drunk driving charges, hiring a Montgomeryville DUI lawyer is the most effective way to ensure to protect your rights and your future.
Give us a call today: (610) 680 – 7842
What charges will I face for a Montgomeryville DUI?
The statutes established by the Commonwealth of Pennsylvania for driving under the influence of alcohol or drugs provide for three tiers of penalties, depending on the circumstances of your arrest.
A blood alcohol content (BAC) of .08 indicates intoxication. For drivers below the age of 21, a .02 percent BAC level is sufficient to warrant DUI charges in Montgomeryville and throughout Montgomery County. If your BAC is .10 or above, or if aggravating factors (e.g., injury, property damage) are present, the penalties for conviction become even more severe. Montgomeryville DUI penalties also depend on how many prior offenses you have. Below, we detail the penalties for BACs in the general impairment (.08 to .099), high BAC (.10 to .159), and highest BAC (.16+) categories.
What can I expect after being charged with DUI?
In Montgomery County, it can take several months to navigate the legal processes involved with drunk driving charges.
After your arrest, police may hold you overnight in a county jail facility, or they may release you once they finish the booking process. The state will then mail you your summons, informing you of the date and location of your preliminary hearing.
The preliminary hearing is critical to your case, as it provides you and your Montgomeryville DUI attorney the opportunity to review the evidence assembled against you. The state will typically hold the hearing in the district where you were arrested.
During the hearing, the judge will decide whether there is probable cause to proceed with the charges as filed. This is a critical opportunity for your lawyer to petition to have the charges against you reduced or dropped entirely.
If your case proceeds, the court will hold a formal arraignment, during which you will be formally charged. If you are eligible to apply for an Accelerated Rehabilitative Disposition (ARD) program, you must apply either before or immediately after your arraignment.
If you are not eligible for ARD, or if the state denies your application, your case will proceed to trial.
What defenses might I be able to use against DUI charges?
In many cases, a Montgomeryville DUI attorney can identify specific problems with the way the arresting officer handled your case. Some of the most common reasons to challenge DUI charges include the following:
- Lack of Probable Cause: If the arresting officer cannot demonstrate that he had reasonable suspicion to believe you were driving while impaired, or that you violated a law, your DUI arrest may not have been lawful.
- Illegal Traffic Stop or Checkpoint: Police officers must follow an established set of procedures during a traffic stop. If officers violate those procedures, the resulting evidence may not be admissible in court. Sobriety checkpoints are another area of concern for illegal DUI stops, especially if the checkpoint did not adhere to governing guidelines.
- Constitutional/Statutory Rights Violation: If the officer did not read you your Miranda rights prior to questioning you, or if he ignored your request to have an attorney present for questioning, statements you made to the police may not be admissible in court.
- Field Sobriety Test Violation: Because field sobriety tests are somewhat subjective, your Montgomeryville DUI lawyer may be able to use the results in your favor at trial.
- Faulty Breath Testing: Testing equipment must be carefully maintained and calibrated, and the administration of breath testing must follow specific protocols. If we can demonstrate any problems related to breath testing, it can help in your defense.
- Improper Officer Training: Arresting officers must have extensive training in the use of breath testing equipment. If the officer who conducted your traffic stop did not receive adequate training, the results of breath tests may be inadmissible in court.
We will investigate your case and determine whether one or more of these defenses apply to your case.
Call a Montgomeryville DUI attorney today.
As you can see, facing DUI charges in Montgomeryville is both a complex and frightening prospect. Because the potential outcomes can affect the rest of your life, taking on the Pennsylvania legal system alone is not wise.
An attorney who specializes in criminal defense against Montgomery Country drunk driving charges understands the process and can provide unique insight into your options. Do not face these charges alone. Contact the McKenzie Law Firm, P.C. today to schedule a consultation with your Montgomeryville DUI lawyer: 610-680-7842.