Montgomery County Drug DUI Defense Lawyer
Under Pennsylvania law, driving under the influence of drugs (Drug DUI) carries serious penalties that can impact your future for years to come. A conviction can result in license suspension, hefty fines, mandatory drug treatment programs, and even imprisonment. Beyond these immediate consequences, a Drug DUI on your record may affect employment opportunities, professional licenses, and insurance rates long after the case concludes.
At Rubin, Glickman, Steinberg & Gifford, P.C., our Montgomery County drug DUI defense lawyers understand the complexity of these cases and the scientific challenges involved in drug-related DUI prosecutions. With over 65 years of legal experience serving clients throughout Montgomery County, our skilled criminal defense attorneys may help you navigate this difficult situation and work toward the most favorable outcome possible in your case.
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Understanding Drug DUIs in Pennsylvania
Pennsylvania law prohibits operating a vehicle while under the influence of any drug that impairs your ability to drive safely. Unlike alcohol DUIs with specific blood alcohol concentration limits, drug DUI cases present unique challenges in establishing impairment.
Pennsylvania recognizes three categories of Drug DUIs:
- Schedule I controlled substances (including heroin, LSD, marijuana, and ecstasy)
- Schedule II or III controlled substances (including cocaine, oxycodone, and methamphetamine)
- Prescription medications or over-the-counter drugs that impair driving ability
Unlike with alcohol, Pennsylvania has a zero-tolerance policy for illegal drugs. This means any detectable amount of a controlled substance in your system while driving can lead to DUI charges, regardless of whether you were actually impaired. For prescription medications, prosecutors must prove the drug affected your ability to drive safely.
Drug DUI cases typically involve evidence from a Drug Recognition Expert (DRE), field sobriety tests, blood tests, and observations from arresting officers. These cases often hinge on scientific evidence and technical details that require knowledgeable legal representation to challenge effectively.
Penalties for Drug DUI Convictions in Pennsylvania
The consequences of a Drug DUI conviction in Montgomery County depend on several factors, including your prior DUI history and the specific substances involved. However, penalties are typically severe and can include:
First Offense
A first-time Drug DUI conviction is generally treated as a misdemeanor but still carries significant penalties. Pennsylvania law establishes a mandatory minimum 72-hour jail sentence, which may extend up to six months. Fines typically range from $1,000 to $5,000, and your driver’s license may be suspended for 12 months. The court will likely order completion of alcohol highway safety school and possibly drug and alcohol treatment.
Repeat Offenses
For subsequent Drug DUI convictions, penalties increase dramatically. A second offense may result in 90 days to 5 years of imprisonment, fines between $1,500 and $10,000, and an 18-month license suspension. Third and subsequent offenses carry even harsher penalties, including minimum jail sentences of one year, substantial fines, and extended license suspensions.
Beyond these legal penalties, a Drug DUI conviction can have lasting effects on your professional life, automobile insurance rates, and personal reputation. Commercial drivers face particularly severe consequences, as a Drug DUI conviction may end their driving career permanently.
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Effective Defense Strategies for Drug DUI Cases
Our Montgomery County drug DUI defense lawyers employ various strategies to protect your rights and challenge the prosecution’s case. Each defense approach is tailored to the specific circumstances of your situation.
When defending against Drug DUI charges, we may explore several potential strategies:
- Challenging the legality of the traffic stop or arrest
- Questioning the reliability of field sobriety tests
- Disputing blood test results or procedures
- Examining the qualifications of the Drug Recognition Expert (DRE)
- Investigating potential medical explanations for symptoms of impairment
- Identifying violations of proper testing protocols
Building an effective defense requires a thorough investigation of all evidence and circumstances surrounding your arrest. Our attorneys carefully review police reports, testing procedures, witness statements, and video evidence to identify weaknesses in the prosecution’s case.
We recognize each Drug DUI case presents unique challenges and opportunities for defense. Our approach is never one-size-fits-all, but rather customized to address the specific details of your situation and pursue the most favorable outcome possible.
Contact a Montgomery County Drug DUI Defense Lawyer
If you’ve been charged with a Drug DUI in Montgomery County, time is of the essence. The sooner you contact an attorney, the better position you’ll be in to defend your rights and protect your future. Legal challenges to testing procedures and other aspects of your case often must be raised within specific timeframes.
At Rubin, Glickman, Steinberg & Gifford, P.C., our criminal defense attorneys bring decades of experience to your case. Our knowledgeable legal team stays current with constantly evolving DUI laws and scientific testing methods to provide you with the strongest possible defense. For a confidential consultation to discuss your case and explore your legal options, call us at (215) 822-7575 or complete our contact form.