What does Pennsylvania DUI law (75 Pa. C.S. § 3802) prohibit?

You may not operate a vehicle if your BAC is 0.08% or higher. You can still be charged based on impairment evidence even if your BAC is below 0.08%.

How common are DUI penalties in Montgomery County?

In the most recent Commonwealth of Pennsylvania report, over 1,619 people faced Montgomery County DUI penalties.

Where do Montgomery County DUI arrests typically start?

Stops may begin with moving or non-moving violations or an investigatory stop. Officers look for signs of impairment and may request field sobriety tests.

What local DUI enforcement methods should I expect in MontCo?

Police use pre-planned DUI checkpoints, patrol stops for traffic violations or erratic driving, and heightened enforcement on known DUI corridors like DeKalb Pike, Routes 309, 422, and 611 (including King of Prussia).

What are the DUI penalty tiers in Pennsylvania?

Penalties scale by BAC and prior offenses: General Impairment (0.08–0.099%), High BAC (0.10–0.159%), and Highest BAC (0.16%+). Consequences can include probation or jail, fines, and license suspension, with harsher penalties for repeat offenses.

What are example penalties in the General Impairment tier?

Examples include: 1st offense—up to 6 months’ probation and $300 fine; 2nd offense—5 days to 6 months’ jail, $300–$2,500 fine, 12-month suspension; 3rd or higher—10 days to 2 years’ incarceration, $500–$5,000 fine, 12-month suspension.

What are example penalties in the High and Highest BAC tiers?

High BAC: from 48 hours to 6 months (1st offense) up to 1–5 years (subsequent) with 12–18 month suspensions and $500–$10,000 fines. Highest BAC: from 72 hours to 6 months (1st) up to 1–5 years (3rd+) with 12–18 month suspensions and $1,000–$10,000 fines.

What additional penalties apply for underage DUI in Pennsylvania?

Zero-tolerance applies at 0.02% BAC. Penalties can include a 12–18 month license suspension, 48 hours to 6 months in jail, and $500–$5,000 in fines.

What happens if there are additional DUI-related charges?

Charges like child endangerment, aggravated assault (Title 75, Chapter 37 § 3735.1), DUI homicide (§ 3735), hit-and-run, or drugged driving can add prison time, larger fines, and longer suspensions.

How does a DUI affect professionals in Montgomery County?

A DUI can trigger administrative discipline by licensing boards. CDL holders face a 0.04% BAC threshold and risk lengthy disqualification or lifetime revocation for multiple DUIs; healthcare, legal, education, and government professionals may face reporting, probation, suspension, or loss of license.

What happens during a Montgomery County DUI stop and testing?

Officers observe for impairment and may use field sobriety tests (walk-and-turn, one-leg stand, HGN). These are intended to gather evidence; results can be subjective and influenced by medical conditions or environment.

What is the DUI arrest and booking process in Pennsylvania?

With probable cause, you’re arrested and transported for breath or blood testing. Pennsylvania’s implied consent law means refusals trigger a separate license suspension. At the station you’re fingerprinted and photographed.

What is a preliminary hearing and arraignment in a Montgomery County DUI case?

Within about 30–60 days, a Magisterial District Court holds a preliminary hearing to decide if charges proceed. If they do, the case moves to the Court of Common Pleas for arraignment, where you’re formally charged and enter a plea; ARD applications may be addressed at this stage.

Which courts handle DUI cases in Montgomery County?

Cases start in local Magisterial District Courts (jurisdiction depends on where the arrest occurred). If held for court, they transfer to the Montgomery County Court of Common Pleas in Norristown.

How long will my license be suspended for a DUI in Pennsylvania?

Suspension depends on prior DUIs and BAC tier. First-time general impairment may avoid suspension; repeat offenses and high/highest BAC tiers commonly result in 12–18 month suspensions.

Montgomery County DUI Defense Attorney

DUI Laws & Montgomery County Enforcement

Pennsylvania law, 75 Pa. C.S. § 3802, makes drunk driving illegal and explains that you may not operate a vehicle if your BAC is 0.08% or higher. But if you’re stopped and fail field sobriety tests, you may still be charged with impairment even if you don’t meet the 0.08% threshold.

Despite the laws in place and awareness campaigns to reduce impaired driving, DUIs still happen. In fact, over 1619 people faced Montgomery County DUI penalties in the most recent report from the Commonwealth of Pennsylvania. But that doesn’t mean a momentary lapse in judgment or police mistake should result in a potentially life-changing DUI conviction.

You deserve a local DUI lawyer who knows how DUI cases in Montgomery County move through the system and what can be done to improve your situation.

Were You Pulled over for DUI in Montgomery County?

As a DUI defense lawyer in Montgomery County, here are the typical scenarios that result in local DUI arrests:

Local DUI Checkpoints: A pre-planned, public DUI checkpoints in Montgomery County PA schedule is released where law enforcement systematically stop vehicles and check that drivers are sober.
Known DUI Corridors in MontCo: Hotspots for drunk drivers are considered “corridors” where law enforcement presence is high and citations increase. Frequent corridors include DeKalb Pike, Route 309, Route 422 and Route 611. King of Prussia is another one of the hotspots we see often as a Montgomery County DUI attorney.
DUI Patrols: Officers have a right to stop you for erratic driving, speeding, failing to use signals, swerving on the road, drifting between lanes or for other traffic violations. These are normal patrols where law enforcement identifies potential drunk drivers and pulls them over.

What are the DUI Penalties in Montgomery County, PA

Montgomery County DUI charges change based on:

General impairment (0.08 – 0.099%)
High BAC (0.10 – 0.159%)
Highest BAC (16% or higher)

According to PennDOT, your consequences for a DUI also differ if it’s your first offense, second DUI, or subsequent offense. If your DUI results in a fatality or severe injuries, the charges are even more severe.

General Impairment (0.08 – 0.099%)DUI

	Charge	License Suspension	Penalties	Fines
1st Offense	Ungraded misdemeanor	None	Up to 6mo probation	$300
2nd Offense	Ungraded misdemeanor	12mo	5 days to 6mo in jail	$300 – $2,500
3rd or Higher Offense	2nd degree misdemeanor	12mo	10 days to 2yrs in prison	$500 – $5,000

High BAC (0.10 – 0.159%) DUI Charges

	Charge	License Suspension	Penalties	Fines
1st Offense	Ungraded misdemeanor	12mo	48 hrs to 6mo in prison	$500 – $5,000
2nd Offense	Ungraded misdemeanor	12mo	30 days to 6mo in prison	$750 – $5,000
3rd Offense	1st degree misdemeanor	18mo	90 days to 5yrs in prison	$1,500 – $10,000
Subsequent Offense	1st degree misdemeanor	18mo	1 – 5yrs in prison	$1,500 – $10,000

Highest BAC (16% or higher)

	Charge	License Suspension	Penalties	Fines
1st Offense	Ungraded misdemeanor	12mo	72hrs to 6mo in prison	$1,000 – $5,000
2nd Offense	1st degree misdemeanor	18mo	90 days to 5yrs in prison	$1,500 – $10,000
3rd or Higher Offence	1st degree misdemeanor	18mo	1 – 5yrs in prison	$2,500 – $10,000

In addition to fines, penalties, and potential PennDOT license suspension, you may also be required to:

Go to DUI treatment when ordered
Follow ignition interlock device requirements for one year
Attend alcohol highway safety school

DUI Penalties for Underage DUI

Underage DUIs result in severe penalties due to zero-tolerance laws. Anyone under the age of 21 with a BAC of 0.02% or higher will face:

12 – 18mo license suspension
48hr to 6mo in jail
$500 – $5,000 in fines

DUI Penalties with Additional Charges

Accidents resulting in additional charges, such as a homicide or aggravated assault, come with additional penalties.

Child Endangerment DUI: You may face additional charges, longer sentences and have child protective services notified if a child is in the vehicle at the time of the DUI.
DUI Aggravated Assault: Title 75 Chapter 37 Section 35 Subsection 1 outlines the consequences of this offense. You face up to 10 years in prison, up to $25,000 in fines and you’ll lose your license for a year or more.
DUI Homicide: 3735 outlines homicide while driving under the influence, which holds a minimum sentence of three years in prison, with the judge able to extend the sentence to ten years and a $25,000 fine.
Hit and Run DUI: Carries a minimum of 90 days in jail, a $1,000 fine and license suspension. Death or injuries to other drivers can increase charges to a felony with mandatory prison time of 3 years.
Drugged Driving: Driving under the influence of controlled substances or prescription medication that impairs your ability to operate a vehicle is treated as seriously as alcohol-related DUIs. Penalties can include fines of up to $5,000, imprisonment up to 6 months for a first offense, license suspension, and additional charges if an accident, injury, or death occurs.

DUI Penalties for Professionals in MontCo

For professionals in Montgomery County, the impact of a DUI conviction can extend far beyond fines, jail time, and license suspension. Certain careers and occupational licenses are subject to strict administrative rules, which means a DUI can threaten your livelihood and reputation in addition to your driving privileges.

Commercial Drivers (CDL Holders): CDL drivers are held to a much lower BAC threshold of 04%, compared to the standard 0.08%. A single DUI offense can result in lengthy disqualification from operating commercial vehicles, while two or more DUI convictions may lead to a lifetime CDL revocation.
Doctors, Nurses, & Healthcare Professionals: Healthcare providers must answer to their respective licensing boards. A DUI arrest or conviction may trigger mandatory reporting, professional discipline, probation, suspension, or even loss of a medical or nursing license. In many cases, boards also require participation in substance abuse evaluation or treatment programs before reinstatement is considered.
Attorneys & Other Licensed Professionals: Lawyers, accountants, and similar professionals may be required to disclose a DUI conviction to the state licensing authority or professional associations. This could result in disciplinary hearings, fines, censure, or even suspension of the right to practice.
Educators & Government Workers: Teachers and public employees with professional certifications may face administrative investigations and possible removal from their positions, especially if their role involves the care of children, vulnerable populations, or driving as part of the job.

The Montgomery County DUI Arrest Process

The traffic stop is the first step in the arrest process. A police officer may pull you over for a moving violation (like speeding), a non-moving violation (like a broken taillight), or an “investigatory stop” based on an observation.

Montgomery County police departments are trained to look for signs of intoxication, and if they find them, they may ask you to perform field sobriety tests, such as the one-leg stand or walk-and-turn test.

It is important to understand that these DUI tests and the officer’s questions during the stop are designed to collect evidence of impairment. The results are subjective and depend heavily on the officer’s interpretation. Factors like medical conditions, fatigue, nervousness, or even poor weather and uneven road surfaces can affect performance and be misinterpreted.

Additionally, anything you say during the stop may be included in the police report and later used against you. That’s why many defense attorneys advise individuals to remain polite and cooperative but avoid volunteering unnecessary information.

DUI: Arrest & Booking

The Montgomery County PA DUI arrest process starts with probable cause. If the results of the officer’s field sobriety tests and observations lead them to believe there is probable cause that you are driving under the influence, they will place you under arrest.

You will then be transported to the local hospital or police station for a breath or blood test. Pennsylvania has an implied consent law, which means that by driving on state roads, you consent to blood, urine or breath tests. Refusal will result in an automatic and separate license suspension. Once you arrive at the station, you will be fingerprinted, photographed, and your information recorded.

Preliminary Hearing

Following your arrest, formal criminal charges will be filed against you in the Magisterial District Court serving the area where the arrest occurred. You will receive a summons informing you of the charges and the date of your preliminary hearing (usually within 30-60 days of the arrest).

The purpose of the hearing is to determine whether there is enough evidence to move forward with the charges. Your attorney can challenge evidence at this stage and argue for charges to be reduced or dropped. Bail will also be addressed during this hearing.

DUI Arraignment

The case will move to the Montgomery County Court of Common Pleas if charges are not dismissed. At the arraignment, you will be formally advised of the charges against you and asked to enter a plea. Pleading “not guilty” allows the case to move to trial or for a plea bargain to be negotiated. You may also have the ability to formally apply for the ARD program at this stage.

If you enter the ARD program or are convicted of a DUI, your license will likely be suspended for a period.

Montgomery County DUI Courts

In Montgomery County, DUI cases are handled by a two-tiered court system:

Magisterial District Courts: DUI cases in Montgomery County begin in local magistrate courts, which handle preliminary hearings and determine probable cause. These courts are located throughout the county, including Jenkintown, Norristown, King of Prussia, Lansdale, and Pottstown. Your court location depends on where the arrest occurred.
Court of Common Pleas: If the case moves forward, it is transferred to the Montgomery County Court of Common Pleas in Norristown. This main courthouse hears serious criminal cases and is where your attorney will represent you if charges are not dismissed early.

Facing DUI charges in Montgomery County? Schedule your free consultation to learn how we can help with your DUI.

How Our Monto DUI Defense Lawyers Can Help You

A DUI conviction has serious consequences. It affects your job, your ability to rent a home, and your freedom. You need an experienced DUI arrest lawyer in Montgomery County to explain your options, protect your right,s and work to achieve the best possible outcome in your case.

Not all defense attorneys know how to beat a DUI in Montgomery County. They lack the skill and experience to handle these complex cases. Attorney Michael H. Fienman is among the top 1% of attorneys in Pennsylvania certified in NHTSA’s SFST protocols – the same training law enforcement officers receive.

What Can a DUI Attorney Do?

An illegal stop isn’t the only way to fight a DUI. DUI charges may be reduced or dismissed if:

The breathalyzer wasn’t calibrated properly
Blood draw issues led to inaccurate results
Chain-of-custody issues rendered the results invalid
Field sobriety tests weren’t administered correctly

As your Montgomery County DUI attorney, Michael H. Fienman may also explore other avenues to reduce or dismiss your charges, such as attending the ARD (Accelerated Rehabilitative Disposition) program or DUI school/alcohol safety programs, which can lead to DUI expungement.

Real Results for DUI Cases in MontCo

DUI Charges Dismissed: One client’s case was dismissed after Attorney Fienman exposed that the officer administered the field sobriety test improperly.
ARD Program Success: After a poor experience with her first legal representative, one client turned to Attorney Fienman for help. Fienman got the client into an ARD program, setting the stage for future expungement.
Driver’s License Saved: When one client was charged with driving under a DUI-suspended license, Attorney Fienman took swift action. Representing the client in court, Fienman amended the ticket to driving without a valid license. The client was able to keep their license, avoid jail time and save $300 in fines.

More Case Results

If you are facing DUI charges, don’t wait to take action. Call Fienman Defense today at 610) 828-3338 to schedule a free consultation.

FAQs for a DUI Lawyer in Montgomery County

What happens after a DUI arrest in Montgomery County?

After an arrest, police may require a breath, blood, or urine test to measure your BAC; if it is 0.08% or higher, you will likely be charged with DUI and given a notice for a preliminary hearing. At this stage, contacting a Montgomery County DUI attorney is crucial, as they can protect your rights, represent you in court, and explore options like Pennsylvania’s ARD Program, which may lead to dismissal of charges upon successful completion.

What are DUI penalties in Montgomery County, Pennsylvania?

Under Pennsylvania DUI sentencing guidelines, you may face up to 5 years in prison, license suspension, fines, ignition interlock requirements, treatment, highway safety school and other potential penalties. Multiple offenses and high BAC DUIs will have harsher penalties.

Can I get ARD for DUI in Montgomery County?

Possibly. The ARD program is generally for first-time offenders with prior criminal convictions or ARD dispositions. To be considered for admission, you will need to submit a written application to the Montgomery County District Attorney’s Office. If you don’t qualify for the ARD program, you may qualify for the intermediate punishment program (IPP).

What If I Refuse a Breathalyzer in Montgomery County?

Breathalyzer refusal in Pennsylvania comes with a license suspension, typically one year, and fines up to $500. Second offenses carry an 18/mo suspension and $1,000 fine; subsequent offenses have fines of up to $2,000 with the same 18/mo license suspension.

How long will I lose my license for a DUI in Montgomery County?

In Pennsylvania, license suspension for a DUI will depend on whether you have prior DUI convictions or if you fall into the high BAC category. If this is your first offense, then you may not lose your license. However, if you have one or two prior offenses, your license may be suspended for 12 months. Those in the high BAC category (.10-.159%) will receive a 12-18-month license suspension.