Montgomery County First-Offense DUI Attorney

First-Time DUI Charges in Montgomery County

Local police departments in Lower Merion, Abington, Norristown, and other townships in the county follow PA DUI statutes under 75 Pa. C.S. § 3802. Pennsylvania DUI law recognizes three levels of blood alcohol content (BAC), each carrying its own penalties and fines:

• General Impairment: BAC .08–.099%
• High BAC: BAC .10–.159%
• Highest BAC: BAC .16%+ or controlled substances

The higher your BAC, the more severe the consequences. A “highest BAC” offense often leads to license suspension, steep fines, and possible jail time. At this level, drivers may experience blackouts, slurred speech, and impaired motor skills, making driving extremely dangerous.

First-Offense DUIs in MontCo

While Pennsylvania imposes significant fines and penalties, first-time offenders are treated under a “no look-back” rule. The state uses a 10-year look-back period, meaning prior DUIs within the past decade will affect sentencing. You may qualify for lesser penalties or diversion programs with no prior offenses.

Aggravating Factors in First-Time DUIs

Certain circumstances can increase the severity of your case, even for a first offense. These include:

• Causing an accident while under the influence
• Driving with a suspended license
• Having minors in the vehicle

These factors can elevate fines, extend license suspension, and increase the likelihood of jail time.

First-Offense DUI Penalties in Montgomery County, PA

BAC limits for first offense in Pennsylvania are defined by the Commonwealth’s legislation, and have remained the same since 2003 when Act 24 reduced the legal limit from .10 to .08 BAC.

Your Montgomery County first DUI attorney will explain the charges you face with you and work tirelessly to lower them.

Ignition Interlock for First-Time DUI in Montgomery County, PA

In Pennsylvania, even first-time DUI offenders may be required to install an ignition interlock device (IID)before their license can be fully restored. This device requires the driver to pass a breath test before starting the car, ensuring they are not under the influence of alcohol.

Exemptions to the Ignition Interlock Requirement

While the law is strict, some exemptions do exist:

• Financial Hardship: If you own multiple vehicles, you may qualify to install an IID on only one vehicle instead of all of them. However, the costs can still add up—installation fees are typically around $100, with monthly lease fees up to $100.
• Employment Exemption: You may be permitted to drive an employer-owned vehicle during work hours without an IID, but only under strict restrictions.

It’s important to note that exemptions are not automatic rights—you must apply and qualify based on your situation.

First Offense DUI Consequences for Commercial Drivers in Montgomery County

Commercial drivers face stricter DUI standards in Pennsylvania. A CDL holder stopped on the PA Turnpike or I-76 can be charged with DUI at a BAC of just .04%—half the legal limit for other drivers.

Penalties for a first offense include:

• One-year CDL suspension
• Fines, even if the DUI happened in a personal vehicle
• Three-year disqualification if transporting hazardous materials

Beyond legal penalties, a DUI can threaten your job and future employment. While first-time offenders may qualify for the ARD program in Montgomery County, professional drivers are far less likely to be accepted.

First-Time DUI Enforcement in Montgomery County vs. Philadelphia

Montgomery County law enforcement takes DUI cases extremely seriously. Local police departments, including those in Norristown, Abington, Lower Merion, and Pottstown, regularly conduct DUI checkpoints and patrols on major highways like the PA Turnpike, I-76, and Route 422. These stops are designed to identify impaired drivers quickly, and prosecutors in Montgomery County are known for pursuing DUI charges aggressively.

Unlike Philadelphia, where overcrowded dockets and limited resources sometimes lead to more plea negotiations or reduced charges, Montgomery County prosecutors are less likely to offer leniency—even for first-time offenders. Judges and prosecutors here often push for accountability through fines, license suspensions, and mandatory treatment programs.

This makes it even more important to have an experienced Montgomery County DUI lawyer on your side. Attorney Michael H. Fienman knows the local courts, understands how prosecutors build their cases, and uses proven strategies to challenge DUI stops, BAC results, and other evidence to protect your rights.

First-Offense DUI Arrest & Booking in Montgomery County

If you’re facing a first-time DUI charge in Montgomery County, the arrest and booking process will likely follow the steps below:

Traffic Stop and Field Sobriety Testing

DUI arrests often start with a traffic stop for a violation (speeding, a broken taillight, weaving, etc.) or a checkpoint.

If the officer observes signs of impairment (slurred speech, bloodshot eyes, etc.), you may be asked to perform field sobriety tests or take a preliminary breath test.

Field sobriety tests are subjective and may be challenged later.

Arrest and Chemical Testing

If there’s probable cause, the officer may arrest you and transport you for chemical testing. DUI testing refusals automatically result in a 12-18-month PennDOT license suspension, even if you’re not convicted in court.

Issues with uncalibrated machines, improperly stored blood samples or medical conditions can be grounds for challenging BAC results later.

Booking on DUI Charges

After testing, you’ll move on to booking, which includes:

• Taking your mugshot and fingerprints
• Collecting personal information
• Recording the charges into the system

Many first-time offenders are released the same day to a sober family member or friend. Bail is rare unless there are aggravating circumstances, such as an injury or accident.

Preliminary DUI Hearing

The preliminary hearing takes place at the Magisterial District Court where the arrest occurred, and typically happens 30-60 days after the arrest. The purpose of the hearing is to determine whether there is probable cause to send your case to the Court of Common Pleas.

Arraignment for a First-Time DUI

If there is probable cause, your case will move to the County Court in Norristown. This hearing, called the arraignment, typically occurs 6-8 weeks after the preliminary hearing.

You will be formally told of the charges you face and will be asked to enter a plea. As a first-time offender, you may be eligible for the ARD program to avoid jail time and conviction.

Montgomery County DUI Courts for First Offenses

Montgomery County uses a two-tier court system to manage DUI cases.

• Preliminary hearings are handled by Magisterial District Courts. Here is where you’ll have your first court appearance after the arrest. There are multiple courts across the county (Abington, Norristown, Pottstown, Lansdale, etc.). The exact location will depend on where the arrest occurred.
• The arraignment and later proceedings are handled by the Court of Common Pleas. If your case is “held for court” at the Magisterial District Court, it will be transferred to the Montgomery County Court of Common Pleas at 2 East Airy Street in Norristown.

As a Montgomery County first-offense DUI lawyer, Fienman Defense will help you understand how your case will move through the court system and what to expect at every step. Call 610) 828-3338 for a free DUI case evaluation.

ARD & License Relief in Montco for First-Time DUI Offenders

Montgomery County offers first-time DUI offenders the chance to avoid a criminal conviction through the Accelerated Rehabilitative Disposition (ARD) Program. This pre-trial program focuses on rehabilitation rather than punishment and can ultimately lead to expungement of your record.

To enter ARD, you must waive your preliminary hearing, apply (reviewed by the court and arresting officer), and wait for approval. If accepted, you’ll typically face probation, fines, and community service instead of jail.

Program requirements may include:

• Attending Alcohol Highway Safety School (12.5 hours, $250 fee)
• Substance abuse treatment or counseling
• Drug and alcohol testing
• Restitution if damages occurred
• Community service

Once you successfully complete the program, you may petition the court to have your DUI record expunged, giving you a true second chance. However, eligibility is limited—those with prior DUIs, passengers under 14, or accidents causing death or serious injury are not eligible.

Read Are You Eligible for ARD in Montgomery County, PA?

How Our Montgomery County First-Offense DUI Lawyers Protect Your Rights

A DUI conviction can have lasting consequences. But as a first-time DUI offender, you have an opportunity to change course and minimize the impact of your impaired driving charges with skilled and experienced legal counsel by your side.

Attorney Michael H. Fienman gives clients the 1% advantage that wins cases.

Most lawyers have never been trained on standardized field sobriety test protocols. Michael has. In fact, he’s among the top 1% of attorneys in Pennsylvania who are certified in NHTSA’s SFST protocols. As a result, he knows that field sobriety tests are often administered incorrectly and leverages his experience to turn those errors into penalty reductions or dismissals.

As a first DUI lawyer in Montgomery County, PA, attorney Fienman can:

• Challenge BAC testing. Law enforcement officers may have lacked probable cause for the stop, tests may have been performed improperly or medical conditions could have falsely elevated the BAC results. We’ll expose flaws in the testing and results to reduce or dismiss charges.
• Secure placement in the ARD program. Attorney Fienman helps clients successfully enter and complete the ARD program, paving the way for future expungement and dismissal of the charges.
• Negotiate for reduced penalties. We’ve helped clients avoid Montgomery County DUI license suspension, jail time and costly fines through tactical negotiation strategies.

With Fienman Defense, clients receive clear and honest guidance, direct communication with Attorney Fienman and fierce advocacy every step of the way.

Successful First Offense DUI Cases

• Nursing license saved after DUI dismissal. Attorney Fienman helped a nurse who was charged with driving under the influence enter the ARD program, avoiding harsh criminal penalties and protecting her nursing license.
• Jail time avoided for driving with a DUI-suspended license. Attorney Fienman represented a client with repeat DUI charges and helped him avoid jail time after being caught driving with a suspended license.
• Case withdrawn for DUI-suspended license charges. One client faced 60 days in jail, a $500 fine and a 12-month license suspension for driving on a DUI-suspended license. Attorney Fienman got her license restored and negotiated with the Commonwealth to get the charges withdrawn entirely.

More Case Results

FAQs About First DUI Charges in Montgomery County

What Happens for a First DUI in Montgomery County, PA?

First-time DUI penalties in PA  include probation or jail time, fines, ignition interlock requirements, and alcohol safety school requirements. The court may also order you to attend a treatment program. If your BAC levels were high, you may face up to six months in prison.

Can I Avoid Jail for a First DUI in Montgomery County?

Possibly. If this is your first DUI and your BAC was between .08 and .099%, you face up to 6 months probation with no jail time. An experienced Montgomery County first DUI attorney can also fight to reduce the charges or get them dismissed to avoid the possibility of jail time.

Do I Qualify for ARD for First DUI in Montgomery County?

The ARD program is only available to people with no prior criminal convictions or ARD dispositions. The charges against you must also be non-violent. Attorney Michael H. Fienman can help you understand whether you qualify and apply for the program.

How Long is a License Suspension for a First DUI in PA?

The PennDOT license suspension for a first DUI  will depend on your BAC level and whether you refused to take a chemical test. If your BAC is between .08 and .099% and you did not refuse testing, your license may not be suspended. A high BAC or refusal can lead to a 12-18-month suspension.

Will a First DUI Stay On My Record in Pennsylvania?

Yes, even a first DUI will stay on your driving record permanently unless it’s expunged. Successful completion of the ARD program can lead to DUI expungement.