The courts in Montgomery County in 2017 received well over 2,400 adult cases and at least 28 juvenile cases involving driving under the influence of alcohol or drugs. The number of alcohol-related crashes in 2016 was 10,256 and rose to 10,346 in 2017. Among these crashes, roughly 297 in 2016 were fatal but decreased to 293 in 2017. Across the state, law enforcement is using tactics such as DUI checkpoint stops and saturation patrols in efforts to keep intoxicated drivers off of the roads.
Have You Been Charged With DUI?
The Lento Law Firm will analyze the evidence and circumstances associated with your case to develop a customized defense strategy on your behalf. There are a host of defenses that could be used by an experienced defense attorney for motorists charged with DUI. Some examples include:
- Was their probable (reasonable) cause for the traffic stop?
- Was BAC testing conducted within the proper time frame?
- The DUI checkpoint was not managed according to the guidelines. (when applicable)
- The officer did not properly disclose the provisions involved with implied consent and consequences for refusal to submit to testing. (when applicable)
Driving Under the Influence of Alcohol or a Controlled Substance
Individuals are prohibited from driving, operating, or otherwise guiding the motion of a motor vehicle after consuming alcohol in a quantity that impairs safe operation or with the presence of a controlled substance in their blood.
|
Blood Alcohol Content (BAC) Levels[1] |
|
|
General Impairment |
.08% - .099% |
|
High Level |
.10% - .159% |
|
Highest Level |
Greater than .16% |
|
Commercial Driver's License (CDL) |
.04% |
|
For Minors |
.02% |
Controlled substances are defined as being Schedule I, II, and III substances that were not prescribed by a medical doctor. The presence of “noxious or solvent” substances and metabolites or derivatives of these substances are also prohibited.
The state employs a tiered structure that heightens the severity of penalties for those in the “high” and “highest” BAC levels. These greater penalties include lengthier driver's license suspensions, imposing jail time, increases fines, and more.
Breath Testing for Alcohol
Breath testing for the detection of alcohol and measurement of concentration in the blood must be administered by an operator certified to do so. The equipment used for testing is to be tested and calibrated according to the standards of the manufacturer. Breath testing must be completed at least twice and a simulated test must be performed immediately following to confirm accuracy.
Penalties: First DUI Offense
In addition to the following BAC-related penalties, the court may impose required attendance at an alcohol highway safety school and/or completion of a treatment program.
- General Impairment (.08 to .099%): A period of probation not exceeding six months and a fine of $300.
- High BAC (.10 to .159%): Suspension of driving privileges for 12 months, jail time of between 48 hours and six months, and a fine of $500 to $5,000.
- Highest BAC: (.16 or more or presence of a controlled substance): Suspension of driving privileges for 12 months, jail time of between 72 hours and six months, and a fine of $1,000 to $5,000.
DUI Defense Lawyer in Montgomery County
Attorney Joseph D. Lento will thoroughly analyze the details of your traffic stop and the subsequent processing and testing. We understand that even a first DUI offense can have significant ramifications and will work toward a positive outcome. Contact the office at (888) 535-3686 for a consultation.
[1] https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.038..HTM
