Pennsylvania's laws against driving under the influence (DUI) can easily be broken by people who have no intent on breaking the law. Therefore, it is no surprise that many Pennsylvanians have faced charges for a first-offense DUI. If that allegation comes from an arrest that happened in Montgomery County, though, there are some unique aspects of your case that you should understand.
Penalties for First-Time DUI Offenders in Pennsylvania
Typically, people who are convicted for a first-time DUI offense in Pennsylvania face the following scheme of penalties, depending on their blood alcohol content (BAC) and age at the time of the arrest:
|
Circumstances |
Sentence |
Fines |
License Suspension |
Other Penalties |
|
DUI charges for underage drivers with BAC over 0.02% |
Between 2 days and 6 months in jail |
$500 - $5,000 |
1 year |
Alcohol safety school |
|
BAC under 0.10% |
6 months of probation |
$300 |
None, if you are eligible for ARD |
Alcohol safety school |
|
BAC from 0.10% to 0.16% |
Between 2 days and 6 months in jail |
$500 - $5,000 |
1 year |
Alcohol safety school |
|
BAC over 0.16% |
Between 3 days and 6 months in jail |
$1,000 - $5,000 |
1 year |
Alcohol safety school |
Diversion Program in Montgomery County
However, first-time DUI offenders in Montgomery County can make use of the county's diversion program, the Accelerated Rehabilitative Disposition (ARD) program.
Montgomery County's ARD program is aimed to divert first-time offenders of non-violent crimes, including DUI, from the state's overloaded court system. By filing the necessary paperwork within 30 days of your preliminary hearing for the DUI charge and by waiving that hearing and arraignment, you can apply for acceptance into the ARD system.
If you get accepted into the ARD program in Montgomery County, you will be put on probation and the DUI charged against you will be stayed. The charges will be dismissed if you successfully complete the program's requirements, including:
- Community service
- Payment of the program costs and probation fees
- Abide by the terms of your probation
In addition to your charges being dismissed, a successful completion of Montgomery County's ARD program also expunges your criminal record, wiping it clean of the charge.
However, if you fail the program in any way – no matter how trivial or accidental – the DUI charge will resume and you will have to defend yourself in court.
Montgomery County DUI-Defense Lawyer Joseph D. Lento
Deciding whether to defend against a DUI charge or try to make it through Montgomery County's ARD program can be a huge decision. Doing it without the guidance of a DUI-defense lawyer like Joseph D. Lento is to make it blindly. His experience defending drunk driving cases in Montgomery County and the rest of Pennsylvania makes him a hugely valuable asset as you plan your defense. With his help, you can rest assured that you are making the decisions necessary to protect your rights and future in a way that fits your personal needs, abilities, and interests.
Contact Joseph D. Lento, Montgomery County's DUI-defense attorney, online or by phone at 215-535-5353.
