Montgomery County Drug DUI Defense Lawyer

Being charged with driving under the influence of alcohol, drugs, controlled substances, or any combination of these is a severe crime in Pennsylvania that can lead to both short and long-term adverse consequences. According to the Pennsylvania Department of Transportation (PennDOT), DUI-drug arrests are a growing concern, with rates of arrests sharply increasing in recent years. In 2018, there were a reported 33,712 charges for drug-based DUIs in Pennsylvania—a 28 percent spike from the prior three years. As a result, Pennsylvania law officials take a firm position against drugged driving to discourage others from acting in the same way.

Whether it’s your first or third arrest for drugged driving, retaining a skilled Pennsylvania drug DUI defense lawyer to fight for your best interests is an essential and immediate step you need to take. Suppose you have been arrested for drugged driving in Pennsylvania. In that case, the experienced defense attorneys at Rubin, Glickman, Steinberg & Gifford P.C. are prepared to stand up for your rights. 

Drug-Related DUI Laws in Pennsylvania

The Commonwealth of Pennsylvania prohibits the actual physical control of operating a vehicle while intoxicated to the extent that your ability to drive safely is compromised. The criteria by which someone is considered intoxicated by drugs or controlled substances is defined under Title 75 Penn. C.S. § 3802(d). A drug-related DUI under this statute is associated with the Schedule the drug falls under in the Pennsylvania Controlled Substances, Drug, Device, and Cosmetic Act. 

Some of the controlled substances which can result in impaired driving fall under Schedules I, II, or III, depending on the potential of abuse, among other considerations, include: 

Schedule I: 

• Ecstasy 
• Heroin
• LSD
• Marijuana
• Peyote
• Synthetic drugs (i.e., bath salts and spice)

Schedule II: 

• Adderall
• Cocaine
• Demerol
• Methamphetamine
• Oxycodone

Schedule III: 

• Anabolic steroids
• Aspirin/codeine combinations

In Pennsylvania, you may not legally drive while under the influence of any Schedule I controlled substances in your blood. It is also illegal to drive with Schedule II or III drugs in your system unless prescribed to you by a medical professional. However, you can still be charged and convicted for driving under the influence of prescription medication if you do not take the prescribed amount, or if you are unable to drive safely due to the effects of the prescribed medication. 

What Happens if I’m Pulled Over for Drugged Driving in PA?

You may be arrested for a drug-based DUI if Pennsylvania police have reasonable suspicion that you are driving impaired. Suppose the arresting officer reasonably believes that you are committing a drugged driving offense. In that case, they could require you to perform field sobriety tests or, in most instances, have you tested for drugs. 

While Pennsylvania police typically do not effectively test the breath for drugs during a DUI stop, they typically will ask you to submit to a blood or urine test. However, police must obtain a search warrant before drawing your blood for DUI testing, if you do not consent

Pennsylvania’s Implied Consent Law

Note that every person holding a Pennsylvania driver’s license has given their implied consent to be tested for alcohol or drugs if law enforcement suspects them of drunk or drugged driving. While you can refuse the DUI test, you will, in most cases, lose your driving privileges for up to 12 months. Further, your refusal can be admitted as evidence in future legal action.

If you were arrested for a drug-based DUI, your Pennsylvania drug DUI defense lawyer would thoroughly examine all steps taken by law enforcement leading to your arrest. If there was a DUI test, the failure to follow proper procedure could result in the test being suppressed in your case, which may result in your charges being dropped.

What Are the Penalties for Driving under the Influence of Drugs in PA?

Law enforcement rigorously prosecutes DUI cases in Pennsylvania. If you’ve been charged with a drug DUI, you could face the following penalties:

First Drug DUI Offense: 

• Detention between 72 hours to six months
• Fines between $1,000 to $5,000
• License suspension for up to 18 months

Second Drug DUI Offense: 

• Between 90 days to six months in jail
• Fines between $1,500 to $10,000
• One year of the ignition interlock program

Multiple Drug DUI Offense: 

• Between one to five years in prison
• Fines between $2,500 to $10,000
• One year of the ignition interlock program

Penalties for drug-based DUIs may also include community service of up to 150 hours along with treatment programs such as the alcohol highway safety school. Additionally, your license may be suspended for up to 18 months, even with a first-time drug DUI.

Helping You Avert the Consequences of a Drug-Related DUI  

Building a powerful defense in a drug DUI case can be extremely difficult on your own. If you have never gone through the judicial system, it can be intimidating to face such serious allegations. A potential defense strategy your drug DUI defense lawyer will be able to use is to contest the arresting officer’s reasonable suspicion for stopping your vehicle and the probable cause that led to your arrest.

Additionally, your lawyer may be able to question the accuracy of your drug test to defend against drugged driving charges. Building a robust defense in drug-related DUI cases necessitates experience and meticulous attention to detail. Get in touch with a seasoned drug DUI lawyer at Rubin, Glickman, Steinberg & Gifford, P.C. as soon as possible for reliable legal help with your case.

Get in Touch with a Skilled Southeastern Pennsylvania Drug DUI Defense Lawyer in Montgomery County 

If you have been arrested for driving under the influence of drugs or controlled substances in Pennsylvania, contact a skilled drug DUI defense attorney at your earliest opportunity. The penalties are severe for drug-based DUIs. However, with a drug DUI defense lawyer from Rubin, Glickman, Steinberg & Gifford, P.C., it may be possible to challenge the prosecution’s evidence through a strategic and effective defense.

The knowledgeable criminal defense attorneys at Rubin, Glickman, Steinberg & Gifford have advocated for clients’ rights for over 65 years in Montgomery County, Bucks County, and across Southeastern Pennsylvania. With a criminal defense team that includes former prosecutors, we provide invaluable insight into both sides of the legal process. Talk to a seasoned drug DUI defense attorney about your situation by scheduling a free consultation. Call us at (215) 822-7575 or complete our online contact form today.