DUI/Driving Under the Influence

Montgomery County, PA DUI / ARD Lawyer

If you have been stopped for drinking and driving in Montgomery County, PA or any of the surrounding southeast Pennsylvania counties, it is important to contact an experienced criminal defense attorney to discuss your rights and options. As a prosecutor in Montgomery County, PA and now as a defense attorney, I have handled literally hundreds of DUI cases. At the Law Office of Henry S. Hilles, III, I will explore every option you have including contesting the charges and seeking alternative sentencing options (such as Accelerated Rehabilitative Disposition (ARD)).

Driving Under the Influence/ DUI is treated by the criminal justice system as a serious crime. People convicted of DUI in Montgomery County, PA face mandatory minimum sentences for even a first offense. A conviction for DUI results in jail time, at least a one-year drivers' license suspension, court-ordered treatment programs and substantial fines. And, a DUI conviction will stay on a person's criminal record indefinitely. For anyone charged with DUI it is important to hire an attorney who can evaluate all possible alternative dispositions, including ARD, to avoid these severe penalties.

Accelerated Rehabilitative Disposition (ARD) for DUI Cases in PA

I have helped many people who were accused of drinking and driving avoid the extreme consequences of a DUI conviction. I have been successful in negotiating creative and alternative sentences for clients accused of a first-offense DUI in PA. One such alternative program is the Accelerated Rehabilitative Disposition (ARD) program which involves no jail time and a greatly minimized driver’s license suspension.

Importantly, Accelerated Rehabilitative Disposition (ARD) is considered a non-conviction which means that at the conclusion of the program, the charges are legally dismissed and may be expunged from a person’s criminal record. In some instances, I am able to help my clients secure a PA Occupational Limited License ("bread-and-butter license") to allow them to continue to drive for work.

While Accelerated Rehabilitative Disposition (ARD) or a plea bargain is sometimes the best option, it is important to choose an attorney who is not hesitant to take a matter to trial when it is appropriate to do so. Prosecutors can sense when an attorney is afraid of trial and will be less-inclined to offer the best possible deal. As both a prosecutor and defense counsel, I understand how prosecutors and police investigate suspected DUIs and prepare for trial. I have a great deal of experience in trying DUI and other criminal cases.

DUI in Montgomery County, PA? Call 610-270-8800 to Speak with a
Former Prosecutor and Experienced DUI / Criminal Defense Attorney

An Outline of Pennsylvania DUI Laws

A person may be charged with Driving Under the Influence if he or she drives a motor vehicle on a "highway" or "trafficway" in PA under the influence of alcohol or drugs. Police may stop a car for suspicion of DUI only if they have "probable cause" or "reasonable grounds" to believe that the driver has committed a crime or violation. Police may not randomly stop a car for no reason (although in the case of properly established "sobriety checkpoints", the police are permitted to stop every car that passes the checkpoint).

Pennsylvania DUI law has a three-tiered punishment system (set forth in the chart below) depending on a person's blood-alcohol level. Penalties for DUI convictions increase with each tier. The least severe penalty applies for those who drive with a blood alcohol content of .08 to .099 percent. More severe penalties apply for those who drive with a blood alcohol content from .10 to .159 percent, and the harshest punishment applies to those with a blood alcohol content of .16 percent or greater. A person's blood alcohol level must be determined from blood drawn within two hours after the individual was in actual control of the vehicle.

People who "refuse" or decline to take a blood alcohol test upon request of the police are deemed to be in the highest blood-alcohol content tier.

Pennsylvania is one of the few states that has a "per se " law with respect to driving under the influence of various drugs. This means that if a person charged with DUI has any measurable amount of drugs in their system (even if the drug was ingested days or weeks prior to the arrest), they are punished as if they were in the highest alcohol level.

Accelerated Rehabilitation Disposition (ARD) Program: More Information

People charged with a first offense Driving Under the Influence / DUI in PA may be eligible for the Accelerated Rehabilitation Disposition (ARD) Program. ARD is a pre-trial intervention program that is designed to divert first-time, non-violent offenders from the criminal justice system.

Admission into the Accelerated Rehabilitative Disposition (ARD) Program results in no jail time and a greatly reduced license suspension. By statute, county district attorneys offices are permitted to have their own unique criteria and conditions for admission into an ARD Program. It is important to understand that cases that may qualify for ARD in one county might not for another. In Montgomery County, PA, people with lawyers may apply for the “ARD Fast Track” Program which can involve better terms and conditions including a lesser license suspension (a criminal defense attorney should be retained prior to the Preliminary Hearing to ensure eligibility for the ARD "Fast Track" Program).

There are certain terms and conditions of Accelerated Rehabilitative Disposition (ARD) that are imposed by PA statute and are non-negotiable. A person admitted into the program must serve six to 24 months of non-reporting probation and will have to attend and successfully complete Alcohol Highway Safety School, undergo a Court Reporting Network (CRN) drug and alcohol evaluation, and perform at least 12 hours of community service.

Once a person has successfully completed the Accelerated Rehabilitative Disposition (ARD) Program, the underlying criminal charges are legally dismissed. The person may then file a petition with the court to have all records of the arrest expunged from his or her criminal background history report.

It is important to note that when a person is charged with DUI following an accident with injuries or property damage, he or she may not be entitled to admission into the Accelerated Rehabilitative Disposition (ARD) Program. In such cases it is critically important to retain an experienced criminal defense attorney. Please contact the Law Office of Henry S. Hilles, III, in Montgomery County, PA, for further information and clarification.

Trials

Persons charged with DUI in PA have an absolute right to a trial. However not all DUI offenses entitle a person to a trial by jury. Under Pennsylvania law, a defendant is entitled to a trial by judge -- but not a trial by jury -- on "ungraded misdemeanors". First-offense DUIs, and second-offense DUIs in the first two tiers, are considered ungraded misdemeanors. All other DUIs in PA are considered higher-level misdemeanors for which a defendant is entitled to a jury trial. Anyone charged with a DUI should contact an experienced defense attorney for further clarification.

License Suspension

A person convicted of DUI or admitted into the Accelerated Rehabilitative Disposition (ARD) Program in PA will incur a license suspension. This sanction is a PennDOT administrative action and is separate and apart from the criminal charges. A person caught driving with a suspended license suspension due to a DUI offense (including an ARD license suspension) faces a mandatory 60-day prison sentence and an additional license suspension.

PennDOT considers a license suspension to officially begin when a person has submitted a non-duplicated PA driver's license and/or a PennDOT DL-16 affidavit form. It is very important to work closely with your attorney to make sure that everyone, including PennDOT, is on the same page regarding when the license suspension begins.

Implied Consent

Under Pennsylvania law, any person who holds a driver's license is deemed to have given consent to have his or her blood alcohol content examined by analysis of breath, blood or urine. However this is only true if police have probable cause or reasonable grounds to believe that the person had been driving a motor vehicle while impaired. If a person declines to take a blood-alcohol test where probable causes or reasonable grounds exists, their PA license will be suspended for 12 months and they will be deemed to a have a blood-alcohol content in the highest tier. This suspension is in addition to any suspension a person may receive for a DUI conviction or ARD disposition.

Occupational Limited ("Bread-And-Butter") License

Notwithstanding DUI / ARD license suspensions, a person may be entitled to a PA Occupational Limited ("bread-and-butter") License which enables people to drive for work, medical treatment or schooling during the term of the suspension. Such licenses are available to all first-offenders after the person serves a 60-day full license suspension. To receive an Occupational Limited License, applicants must file a petition with PennDOT setting forth in detail the need to operate a motor vehicle. Please contact the Law Office of Henry S. Hilles, III in Montgomery County, PA for further clarification.

Juvenile DUI Offenders

Pennsylvania law provides for "zero tolerance" with respect to juvenile DUI offenders. The blood-alcohol limit in PA for persons under 21 is .02 percent. These cases can be problematic because a minor's consumption of perfectly legal over-the-counter cold and cough remedies, many of which contain alcohol, can cause an elevated blood-alcohol-content of .02 percent or even higher. Juvenile offenders may be eligible for admission into the Accelerated Rehabilitative Disposition (ARD) program. They may also be eligible for dispositions that be more beneficial then ARD. Please contact the Law Office of Henry S. Hilles, III in Montgomery County, PA for more information.

Commercial and School Vehicles

The blood-alcohol limit is .04 percent for commercial vehicle operators and .02 percent for school bus drivers in PA. For commercial vehicle and school bus drivers, any blood alcohol concentration from this minimum up to .16 percent is punished the same as for violations in the middle tier (.10 to .159 percent). For BACs of .16 percent or higher, the highest tier applies.

Expungement for Accelerated Rehabilitative Disposition (ARD) cases

People who successfully complete the Accelerated Rehabilitative Disposition (ARD) Program may petition the court to have their criminal record expunged. Criminal records should be expunged, if possible, so that employee background checks do not uncover records of the arrest and ARD disposition. To do this one must obtain a court order providing that all records connected with the charge and ARD disposition be expunged and destroyed. This order should direct all recipients to produce an affidavit assuring that all documents relating to the arrest -- including mug shots and fingerprint records -- and ARD disposition have been destroyed. It is important to retain an attorney who will be diligent in making sure these PA and federal agencies follow through with their court-ordered directives and destroy these records.

As with blood testing, breath test results have a margin of error that should be considered in determining a person's actual blood-alcohol content. Persons charged with DUI must discuss these important issues with their attorney.

Contact a Pennsylvania DUI / ARD Attorney at 610-270-8800

If you have been charged with Driving Under the Influence (DUI) in Montgomery County, PA, and want to consider admission into the Accelerated Rehabilitative Disposition (ARD) program or taking the case to trial, contact the experienced DUI / ARD attorney at the Law Office of Henry S. Hilles, III.