Building a Defense For Montgomery County, PA First Offense DUI Charges

Experienced Montgomery County first time offense DUI lawyers look at all aspects of an individual’s case to determine whether or not commonwealth has met its burden to convict an individual of Driving Under the Influence. The following is information on the various elements an attorney can challenge and what steps you can take to help your case before you even go to trial. To learn more call and schedule a consultation with a DUI lawyer in Montgomery County, PA today.

Elements of An Arrest

The elements required to convict someone of driving under the influence are that a person operated a motor vehicle on the streets of Montgomery County in a particular township in that county, and while operating such a vehicle, was under the influence of drugs and or alcohol to such a degree to render that person incapable of operating a motor vehicle safely on the roads of Montgomery County.

In doing so, commonwealth will often use observations made by the arresting police officer, driving observations specifically set and recorded once an individual stopped. An individual can also be subject to onsite testing as well as bodily observations, such as dilated pupils or breath tests from experienced DUI arresting officers.

How Can An Attorney Challenge These Elements?

An experienced Montgomery County DUI criminal attorney however can seek to challenge the government’s evidence on many levels. For example, an attorney can question whether the individual was operating a motor vehicle pursuant to the statute in Pennsylvania in the County of Montgomery. If they can prove that they were not, an individual can often go to trial and find themselves acquitted of all the charges.

Additionally, should an individual be stopped randomly, an experienced Montgomery County DUI criminal attorney can challenge the reason for the initial stop in the first place. With those options, having the right attorney makes all the difference.

Steps to Take Before Trial

With the assistance of an experienced Montgomery County DUI lawyer, a person facing a first offense DUI at the district court level can almost assuredly seek to obtain the results of a breathalyzer or blood test, and start the process for any diversionary programs that an individual charged with a first time DUI is available to attend.

For instance, ARD or Accelerated Rehabilitative Disposition, which is the first time offender’s program, can be applied for at the district court level along with any DUI treatment court options or IP or Intermediate Punishment options, which could also apply to first time DUIs. If these matters are not applied for at the district court level, it can often be waived and an individual will no longer have the option of such a diversionary program.

Diversionary programs can help individuals protect their records, protect their driver’s license and in most cases, lead to an expungement of the charges once the matter is completed. Seeking out the assistance of an experienced Montgomery County first offense DUI lawyer is one of the most essential things an individual charged with first time DUI can do. Only then can an individual be sure that their rights are protected and all options are applied for that can aid in their defense or remedy their first time offense DUI.

Importance of An Attorney in Building a Defense

In Montgomery County, the police officers have at their disposal multiple resources in prosecuting and seeking convictions in DUI cases. It is only with the help of an experienced Montgomery County DUI criminal attorney on your side that you can even the playing field. When the government has the use of cameras, breathalyzer machines, blood testing at hospitals and other visual and verbal pieces of evidence in their favor, an individual charged with such a crime can sometimes be overwhelmed.

However, at every level an individual’s rights need to be protected and the seeking of such evidence can be prevented with the right motions filed. Therefore, having the assistance of an experienced Montgomery County DUI attorney is the most important part of seeking to make a DUI not a DUI and of challenging the reason for the stop and the operation of the vehicle, which are the pinnacle elements that the commonwealth must prove in any conviction.