Montgomery County DUI First Offense Lawyer
While on your way home, an officer may pull you over under the suspicion of driving under the influence. Driving under the influence (DUI) charges may be brought against motorists affected by alcohol, drugs, or both (DUI). Authorities frequently arrest drivers for DUI because drunk driving significantly contributes to traffic-related injuries and fatalities. The severity of this crime also leads to severe punishments. A first DUI offense is considered a misdemeanor, but this does not imply that the implications are insignificant.
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The punishments are frequently severe, and the techniques employed to investigate them can be questionable. Additionally, the prosecution may attempt to impose severe fines on anyone caught driving under the influence. The outcome of your case may be positively impacted by working with a DUI attorney. Sometimes a knowledgeable DUI attorney can intervene and examine the case to lower the repercussions for the accused.
Common DUI Defense Strategies Used in Montgomery County
A DUI case is not always a clear-cut loss for the defendant in Pennsylvania, even though the police have strategies for catching drunk drivers. There are numerous strategies to fight a DUI in Pennsylvania, but each case will call for nuances based on your unique situation. A criminal defense attorney with DUI case experience will be knowledgeable about your choices for mounting a solid defense.
Examples of frequently employed DUI defense tactics in Pennsylvania include:
- The prosecution does not have sufficient evidence. Although an officer may accuse you of operating a vehicle while intoxicated, the prosecution must present strong proof of your impairment before finding you guilty.
- Breathalyzer results from the plaintiff were unreliable. The prosecution uses the results of a breathalyzer or a field sobriety test to get a DUI conviction. However, these tests might be unreliable.
- The government engaged in unlawful or unconstitutional behavior. If it is revealed that police stopped you in a way that violated your constitutional rights, prosecutors can run into trouble. The police are required by Pennsylvania law to adhere to several regulations when conducting sobriety checkpoints.
- The accused did not actually possess physical control over a car. The location of your keys could indicate whether you were actually physically operating your vehicle. Your legal representation may argue that you were not attempting to drive if your key was in your pocket.
DUI cases are more complex than one might initially believe. There are other potential DUI defense tactics, but only a skilled attorney can choose the most effective one. A skilled Pennsylvania DUI attorney will have the tools to build a strong defense for your case.
What are the Penalties in Montgomery County for a First DUI Offense?
Even though this is your first DUI offense, there is no guarantee the prosecution will treat you kindly. Even if you accept a plea deal or are found guilty after a trial, you may still be judged as guilty. Depending on the specifics of the case, a judge may impose different penalties for a first DUI conviction. However, completing an alcohol safety class and possibly participating in substance abuse treatment is a standard penalty regardless of severity.
The following are examples of possible punishments you could receive for a first DUI offense:
- For a DUI based on impairment or a BAC of at least .08% but less than .1%, a convicted driver must pay $300 in fines, a six-month term of probation, and up to six months in jail.
- For impairment DUIs involving injuries, death, or property damage and DUIs involving BAC of at least .1% but less than .16%, the convicted driver is looking at 48 hours to six months in jail, $500 to $5,000 in fines, and a 12-month license suspension.
- For impairment DUIs involving a refusal to take a breath test and DUIs involving BAC of at least .16% or controlled substances, the convicted driver is looking at 72 hours to six months in jail, $1,000 to $5,000 in fines, and a 12-month license suspension.
On top of fees and jail, your first DUI conviction could have further costs such as higher insurance rates, social stigma, and the loss of other privileges.
What Tests Are Used in DUI Arrests in Montgomery County?
Law enforcement can evaluate drivers in several ways to determine whether they should be detained for drunk driving. A police officer will pull you over and administer one of these tests if they have reason to believe you are driving drunk. If you are arrested, the results of these tests may be used against you in court.
The standardized field sobriety tests are the horizontal gaze nystagmus test, the walk and turn test, and the one-leg stand test. Suspects are permitted to decline to take part in these examinations. Chemical tests are used to determine a person’s blood alcohol content (BAC) through breath, blood, or urine testing. Breath tests must adhere to administrative and statutory requirements to be accepted in court.
Typical methods used to determine whether someone was driving while intoxicated are sobriety and blood alcohol content testing. However, these are not perfect methods. Montgomery County criminal defense lawyers are skilled at casting doubt on these tests and undermining the prosecution’s case against you.
Receive Dependable Legal Counsel From an Experienced Montgomery County DUI First Offense Attorney
It is a terrible idea to operate a vehicle while under the influence of drugs or alcohol. However, the methods used by the authorities to prosecute persons are frequently unfair or inconsistent with the circumstances of the case. Following your arrest, you might feel that pleading guilty to a DUI violation will make everything simpler. However, consulting a Montgomery County DUI attorney may help you get a better result.
Working with the knowledgeable DUI attorneys at Rubin, Glickman, Steinberg & Gifford will make you aware that you could have other choices. Our highly qualified team of legal experts is prepared to stand up for you, defend your rights, and persuasively argue in your favor. We can effectively defend you against severe DWI and DUI charges by contesting the legality of your arrest and their testing procedures. Call us at (215) 822-7575 or submit our online contact form to learn more about your legal options.