What happens if you get a DUI for drugs in Montgomery County?

Even a first drugged driving offense carries a mandatory minimum of 72 hours in jail, fines up to $5,000, a 12-month license suspension, and other penalties such as Alcohol Highway Safety School and treatment. Repeat offenses bring longer jail terms, higher fines, and extended suspensions.

Is there a legal limit for marijuana DUI in Pennsylvania?

Pennsylvania’s per se rule allows a DUI charge when more than 1 ng/mL of THC is detected in the blood. Zero-tolerance enforcement means even medical marijuana cardholders can face DUI charges based on detectable THC, regardless of visible impairment.

How accurate are DUI drug tests in Pennsylvania?

Blood tests are generally the most reliable, but results can be challenged. Chain-of-custody errors, contamination, storage problems, equipment issues, and certain medical conditions can undermine accuracy. Defense counsel can scrutinize these factors and seek suppression.

Montgomery County Drugged Driving Attorney

Q: Can you get a DUI for prescription medication?

Yes. Under 75 Pa. C.S. § 3802(d), it is illegal to drive while impaired by a drug—even with a valid prescription. Common medications include opioids, benzodiazepines/sedatives, sleep aids, and muscle relaxants. The focus is on impairment, which the Commonwealth must prove.

Q: Can medical marijuana cardholders get a DUI in PA?

Yes. Marijuana remains a Schedule I substance in Pennsylvania’s DUI law, and the presence of THC in the blood can support a DUI charge. A defense attorney can challenge the stop, testing, and DRE findings to protect your rights.

Q: What are the penalties for drugged driving in Montgomery County?

DUID is punished at Pennsylvania’s highest DUI tier. A first offense carries 72 hours to 6 months in jail, $1,000–$5,000 in fines, a 12-month suspension, and one year of ignition interlock. Second and third offenses increase to 90 days–5 years and 1–5 years respectively, with higher fines and 18-month suspensions.

DUI Drug Laws & Montgomery County Enforcement

You’re driving on Schuylkill Expressway, I-76, leaving King of Prussia and get in an accident entering the highway. Law enforcement arrives at the scene and finds you with a Schedule 3 substance (Vicodin). In this case, under 75 Pa. C.S. § 3802(d), you’re considered drugged driving.

Pennsylvania’s zero-tolerance law—strictly enforced in Montgomery County—means any detectable amount of a Schedule I–III controlled substance (including marijuana/THC) can lead to jail, fines, license suspension, and court-ordered treatment. Police and Drug Recognition Experts (DREs) run checkpoints and patrols countywide; you may be stopped for signs of impairment (weaving, erratic speed) or investigated after a crash.

Drugged Driving Penalties in Montgomery County, PA

As a Montgomery County DUI drug defense attorney, Attorney Fienman knows the importance of a strong DUI defense to fight back against PennDOT license suspension for DUI drugs, fines, and prison time.

Controlled substances fall within the highest BAC penalties, meaning the punishments are harsh:

	Prison Time	Fines	License Suspension	Ignition Interlock
First Offense DUID	72 hours to 6 months	$1,000 – $5,000	12 months	1 year
Second Offense DUID	90 days to 5 years	$1,500 – $10,000	18 months	1 year
Third Offense DUID	1 to 5 years	$2,500 – $10,000	18 months	1 year

In some cases, DUID offenders also face the following:

Alcohol Highway Safety School (AHSS)

Montgomery County holds its AHSS in Norristown on Cherry Street, which is 12.5 hours of class from PennDOT. You will gain basic knowledge of the effects of DUI and DUID and how they impact your ability to drive safely.

You will be required to pay the $250 fee a week prior to class.

Court-Ordered Drug Treatment

The courts may order you to attend a drug treatment program on top of completing your prison sentence, paying fines and dealing with an ignition interlock system.

ARD for Drugged Driving

First-time offenders may be able to enter an ARD program, which is the ideal scenario. Under the program, you are rehabilitated rather than punished for your addiction, but there are caveats to the law.

ARD eligibility for DUI drug cases is strict. But if you were found to have a minor drug in your system at the time of the charge and it is your first charge, you may be eligible to enter the ARD program. Charges that involve more serious drugs, such as heroin, are often ineligible.

Marijuana DUI Charges in MontCo

Pennsylvania has strict, zero-tolerance THC laws that can lead to jail or prison time, license suspension and fines. Medical marijuana cardholders are also at risk because having THC in their system puts them at risk of DUI convictions.

Zero-tolerance laws mean that even if you’re not impaired, having any trace of THC in your system is considered a DUI. THC can stay in your system for months, with frequent usage, and show up on certain chemical tests. First-time offenders face:

Up to 6 months in prison
Up to $5,000 in fines
12-month license suspension

Prescription & Over-the-Counter Drug DUI Cases

In Pennsylvania, driving under the influence of prescription or OTC medication is prosecuted at the highest DUI tier. Penalties can range from a 72-hour minimum for a first offense to up to 5 years for repeat offenses, with fines up to $10,000 and 12–18 months of license suspension.

Commonly involved medications include: opioids (pain meds), benzodiazepines/sedatives (e.g., Valium, Xanax), sleep aids, muscle relaxants, and even OTC cold/allergy products (e.g., NyQuil, antihistamines) that cause drowsiness or can trigger positive screens.

Having a valid prescription is not a defense if the Commonwealth proves impairment. However, our drug DUI lawyers can often challenge the traffic stop and DRE protocol, attack unreliable field sobriety tests (not validated for drugs), demand quantitative toxicology (not just screening positives), scrutinize lab methods and chain of custody, present medical and dosing evidence, and show alternative explanations for “impairment” signs. Our goal is to suppress weak evidence, reduce charges, or secure a dismissal whenever possible.

Blood Testing & Drug Recognition Experts in Montgomery County

Your Montgomery County DUI drugs attorney knows that blood testing for DUI drugs is a complex procedure with chain of custody and reliability issues.

Blood or urine test samples can be contaminated, mishandled or improperly stored, all of which impact the integrity of the sample. In addition to these tests, you may also be subject to:

Field sobriety tests
Drug Recognition Evaluators (DRE)

DREs use multi-step programs to determine whether you’re impaired, such as signs of drug use, looking at your pupils and checking your blood pressure. We can challenge these tests to show that they were inaccurate.

Montgomery County DUID Arrest, Booking & Court Process

In Montgomery County, a police officer must have a legal reason to pull you over before you can be arrested and charged with a drug-related DUI. Rarely is the reason for the traffic stop related to a DUI directly. Often, it’s for a violation, like failing to obey a stop sign, a broken taillight, or erratic driving.

Traffic Stop & FSTs: Officer observes signs of impairment and may request standardized field sobriety tests (One-Leg Stand, Walk-and-Turn, HGN).
DUID Arrest: If probable cause exists based on driving behavior, observations, or FSTs, you’re taken into custody.
Booking & Chemical Testing: Fingerprints, photo, and personal info recorded; breath/blood/urine sample requested. Refusal = immediate license suspension (12–18 months, depending on history).
Preliminary Hearing (Magisterial District Court): First court appearance; judge decides if there’s enough evidence to send the case to the Court of Common Pleas. Defense challenges weaknesses.
Drugged Driving Arraignment (Court of Common Pleas, Norristown): Charges are read and a plea is entered; the case is scheduled for trial unless a plea agreement is reached.

Facing drug DUI charges? Contact us today to schedule a consultation with an experienced Montgomery County drugged driving lawyer who will fight for you.

Our Montgomery County Drugged Driving Lawyers Fight For You

A drug-related DUI can turn your life upside down. You face the harshest DUI penalties, and thanks to the state’s zero-tolerance law, the prosecution doesn’t even need to prove that you were “high” or that your driving was impaired to be convicted.

You face jail time, hefty fines, license suspension, and other penalties. To achieve the best possible outcome, you need an experienced Marijuana DUI lawyer in Montgomery County to help you navigate the legal system and explore every possible defense.

Attorney Michael H. Fienman is among the top 1% of lawyers in the state certified in Standardized Field Sobriety Tests (SFSTs). Because he received the same training as law enforcement, he knows where officers get it wrong and how to prove it. Depending on the circumstances of your case, several defense strategies may be available. We may be able to argue that:

There wasn’t probable cause for the stop
Officers performed an illegal search and seizure
The blood test results were inaccurate due to chain-of-custody issues, equipment failures or other issues
Field sobriety tests were conducted improperly

We may also cross-examine drug recognition experts (DRE) in DUI arrests and argue that their evaluation was unreliable. If the arresting officer briefed the expert, their evaluation may have been biased. We’ll explore every possible avenue to get your charges reduced or dismissed and fight to achieve a favorable outcome.

Drugged Driving –Successful Cases

ARD for Drug Related DUI – Attorney Fienman helped one nursing student protect her professional license and future. She was charged with drug possession after suffering an apparent overdose in her car. After getting the charges dismissed under the Good Samaritan Law, an overzealous prosecutor then charged her with a drug-related DUI. The circumstances of her case would have normally made her ineligible for an ARD, but Attorney Fienman, undeterred, negotiated to have her admitted into the program.

More Case Results

FAQs Drug-Related DUIs in Montgomery County

What Happens If You Get A DUI for Drugs in MontCo?

A DUI for drugs is a serious offense in Montgomery County. Even first-time offenders face a mandatory minimum of 72 hours in jail, fines up to $5,000, a 12-month license suspension and other penalties.

Can You Get A DUI for Prescription Medication?

Yes, you can get a DUI for prescription medication. Title 75, § 3802(d) states that a person cannot drive, operate or be in physical control of a vehicle while under the influence of a drug that impairs their ability to drive safely. The focus is on impairment and not the legality of the substance. Anti-anxiety medications, opioids, muscle relaxers and sleeping pills are common prescription drugs that lead to DUIs.

Is There a Limit for Marijuana DUI in Pennsylvania?

Yes. Under Pennsylvania’s “per se” law, you can face a DUI for marijuana if you have more than 1 nanogram per milliliter in your system, even if you have a medical marijuana card. Read Can I Get Charged with DUI for Marijuana?

Can Medical Marijuana Card Holders Get A DUI in PA?

Yes, medical marijuana cardholders can still be charged with a DUI in PA. The law is complex and has been a source of confusion. The state’s zero-tolerance policy applies to Schedule I controlled substances, which include marijuana (even for medical use). The mere presence of THC in the blood is enough to bring charges. Having a skilled Montgomery County DUI drugs attorney on your side is critical if you are a medical marijuana cardholder and are charged with a DUI.

How Accurate Are DUI Tests for Drugs In Pennsylvania?

Blood tests are considered the most accurate method of testing for substance impairment. They directly measure the amount of substance in the bloodstream, whether it’s an illicit drug, prescription medication or some other impairing substance.

Despite this, blood test results can still be disputed by a skilled and experienced attorney. Procedural errors, contamination, equipment issues, and health conditions can all impact the reliability of these tests.

What Are the Penalties for Drugged Driving In Montgomery County?

The penalties for drugged driving fall under Pennsylvania’s highest rate DUI tier, meaning that you may receive the same penalties as someone with a DUI with a BAC of 0.16% or higher. The penalties are progressive with each subsequent offense. You will likely face jail time, license suspension, fines, and mandatory attendance of Alcohol Highway Safety School and a treatment program.