Pennsylvania takes driving under the influence (DUI) violations seriously. If you find yourself facing DUI charges in Lansdale or elsewhere in Montgomery County, you need a Lansdale DUI attorney on your side. At the McKenzie Law Firm, P.C., our Lansdale criminal defense lawyer can help you fight the charges against you. We work hard to mitigate the effects of the charges and may be able to reduce the possible penalties our clients face.
Find out how we can help you minimize the impact of your arrest on your work, school, and family life. Give us a call today at (610) 991-7219. Our staff is available 24/7. Don’t wait. Get started today.
Under 75 Pa. C.S.A. § 3802, the legal blood alcohol content (BAC) limit in Pennsylvania is .08 percent for drivers of legal drinking age. You will face DUI charges if police stop you and you have a BAC at or above this limit.
Typically, the police will perform a traffic stop if you do any of the following things while operating a vehicle:
You should be aware that you will also face penalties if you refuse to submit to a breath or blood test when police suspect you of drinking and driving. Under Pennsylvania’s implied consent law, failure to consent results in an automatic license suspension from the Pennsylvania Department of Transportation (PennDOT), which runs separate from the criminal charges.
Since there’s no numeric legal limit for illegal or prescription drugs the way there is for alcohol, police can also arrest you for DUI involving drugs based on a field sobriety test and other evidence of impairment. These charges bring similar penalties as a DUI offense, but you may face additional charges for drug possession, depending on the circumstances.
No matter the specifics of your situation, our lawyer can help. Contact us as soon as possible after your arrest so we can protect your rights throughout the process.
A DUI arrest sets off a specific legal process, and each step follows its own timeline and rules. Knowing what happens next can make a stressful situation feel more manageable and help you understand exactly where a defense strategy can make a difference.
The Arrest and Booking Process
Once police arrest you for a suspected DUI, you’re transported into custody for booking. This typically includes:
In Montgomery County, DUI arrestees are generally processed through the Montgomery County Correctional Facility, located at 60 Eagleville Road, Eagleville, PA. New committals to the facility are assessed as a $60 booking fee as part of intake. Bail may be set at this stage, and whether you’re released on your own recognizance, released on bail, or held in custody depends on the specific facts of your case.
The Preliminary Arraignment
If you remain in custody after booking, Pennsylvania law generally requires a preliminary arraignment within 48 to 72 hours. This step is largely procedural:
If you’re released on bail or your own recognizance (ROR) instead, this step may occur later or be handled through paperwork rather than an in-person hearing.
The Preliminary Hearing
Your preliminary hearing takes place before a local Magisterial District Judge, typically scheduled 30 to 60 days after your arrest. For many Lansdale-area cases, this means appearing before Montgomery County Magisterial District Court 38-1-28, presided over by Judge Edward Levine, located at 430-440 Pennbrook Parkway, Lansdale, PA. This hearing is a critical early opportunity to challenge weak evidence, and it’s possible for some or all charges to be reduced or dismissed here:
Because this hearing happens early and can shape the rest of your case, having a lawyer present from the start matters.
The Formal Arraignment in Common Pleas Court
If your case is held for court after the preliminary hearing, it moves to the Montgomery County Court of Common Pleas in Norristown for a formal arraignment. This typically occurs within about 60 days of your preliminary hearing. At this stage, the charges against you are formally read, and you enter a plea. This is also when pretrial motions, such as motions to suppress evidence, are often filed.
What Comes Next: Programs, Pleas, or Trial
After formal arraignment, your case can proceed in several directions depending on your record and the circumstances involved. First-time offenders may qualify for a Court Reporting Network (CRN) evaluation, a drug-and-alcohol assessment required for entry into Montgomery County’s Accelerated Rehabilitative Disposition (ARD) program. Successful completion of ARD typically involves a period of probation, participation in an alcohol highway safety course, and any court-ordered treatment, and it can result in your DUI charges being dismissed and later expunged from your record.
Others may pursue a negotiated plea, particularly when evidence issues make a reduced charge realistic.
If your case proceeds to trial, first-offense DUI cases in Pennsylvania are decided by a judge alone, since there’s no right to a jury trial at that level. Whichever path applies to you, having a lawyer who understands each stage of this process gives you the strongest possible position moving forward.
There are two ways you could lose your driving privileges after a DUI arrest. First, an arrest will trigger an automatic administrative driver’s license suspension through PennDOT. Unless you request an administrative hearing and convince the administrative law judge (ALJ) that you were not driving drunk, you may lose your license.
Preventing this is a top priority for us. We have to act quickly to request an administrative hearing. At this hearing, we can present evidence to show why the ALJ should allow you to retain your full driving privileges or give you an Occupational Limited License (OLL), also known as a bread-and-butter license. An OLL allows you to drive to work or school.
This action takes care of the administrative driver’s license suspension, but you may still face suspension as a part of your criminal penalties if the court convicts you of drunk driving. If you have a clear criminal record and meet other requirements, you may qualify for Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program. This program helps you get your license back sooner. Alternatively, we may be able to arrange a plea bargain for a lesser charge that does not include a license suspension.
DUI charges are misdemeanors, but the consequences can vary in severity. 75 Pa. C.S.A. § 3802 breaks DUI offenses into tiers based on BAC level, with potential penalties generally increasing as BAC rises. Penalties may include a license suspension, jail time, fines, and enrollment in an approved alcohol abuse course or alcohol treatment program.
Plus, the severity of these penalties varies in response to a number of factors. For example, if you have had previous DUI convictions in the past 10 years or your BAC was unusually high at the time of your stop, you may face stiffer consequences.
The basic penalties per tier are as follows:
If a drunk driver causes an injury or death, they may face additional charges. These can include aggravated assault while under the influence or homicide while under the influence. These are felony charges with much stiffer penalties, including extended prison sentences, high fines, and other consequences.
We can often help our clients avoid some of the most dreaded penalties associated with a DUI charge. Here’s how we work to challenge the case against you:
Depending on the specific circumstances of your case, we may be able to persuade the prosecutor to drop the charges against you, negotiate a plea arrangement for reckless driving or another offense, arrange for you to take part in the ARD program, or win your case in court.
You do not want to try to navigate the legal process on your own. You have a much better chance of facing reduced penalties, retaining your driving privileges, and avoiding jail time with us on your side.
Facing any kind of criminal charge is stressful, but a DUI charge can impact your everyday life for years to come. At the McKenzie Law Firm, P.C., our Lansdale DUI attorney understands how important your driver’s license is to your career, education, and family.
Call us today at 610-991-7219 to discuss your case and learn more about your legal options.
What should I do immediately after a DUI arrest?
Stay calm, and avoid discussing the details of your arrest with police beyond providing basic identifying information. Contact a lawyer as soon as possible, since early legal guidance can affect decisions you make in the hours and days that follow. The sooner you have representation, the more options may be available to protect your case.
Can I get my license back while my case is pending?
You may be able to request an Occupational Limited License (OLL), sometimes called a bread-and-butter license, which allows you to drive to work or school while your case is pending. Requesting this option requires acting quickly after your arrest, since deadlines apply.
Will I automatically go to jail if I’m convicted of a DUI?
No. Jail time is not automatic, even upon conviction. Penalties vary based on your BAC level, prior record, and the specific circumstances of your case, so it’s important to discuss your situation with a lawyer to understand what outcomes are realistic for you.
Will a DUI conviction stay on my record permanently?
It depends on how your case is resolved. Some outcomes, such as successful completion of a diversion program, may allow for the charges to eventually be expunged, while a standard conviction generally remains on your record. A lawyer can walk you through what’s possible based on your specific charges.
Do I need a lawyer if this is my first DUI offense?
Yes. Even a first offense carries real consequences, including potential jail time, fines, and license suspension. A lawyer can help you understand your options, including whether you may qualify for a diversion program like ARD, and can work to minimize the impact on your record and your life.
