Serving Bucks County & Pennsylvania
Ronald H. Elgart, Esq.
Experienced DUI Defense Attorney
Driving Under the Influence (also referred to as DUI or DAI - Driving After Imbibing) is easily the most common criminal offense charged in Bucks County and across the Commonwealth of Pennsylvania. Although many people still think of DUI as a “routine” or minor offense, Pennsylvania law has changed dramatically over the last four decades. Today, a DUI arrest can result in severe financial consequences, mandatory minimum jail sentences, lengthy driver’s license suspensions, court-ordered treatment programs, ignition interlock requirements, and substantial fines.
DUI enforcement has expanded aggressively in Pennsylvania. As laws have evolved, lower blood alcohol thresholds, more sophisticated chemical testing methods, enhanced sentencing provisions, and increased court fines and fees have made DUI cases far more serious than they once were. If you have been charged with DUI, it is important to understand that this is not a traffic infraction - it is a criminal charge that can have life-changing consequences.
Retaining an experienced Bucks County DUI defense attorney early in the process is essential to protecting your rights, safeguarding your freedom, and exploring every possible legal defense. Whether you’re in Falls Township, Middletown Township, Langhorne, Newtown, Bristol, Morrisville, or Yardley, for instance, Ron Elgart is who you need!
DUI Laws Have Changed Dramatically Over Time
When DUI laws were first expanded in Pennsylvania approximately forty years ago, DUI was viewed by many as an offense that deserved leniency. Penalties were less severe, blood alcohol levels were higher, and judicial discretion was broad.
Today, the opposite is true.
Pennsylvania has implemented increasingly strict DUI enforcement measures, including:
- Lower legal blood alcohol concentration limits
- Mandatory minimum jail sentences depending on DUI “tiers”
- Severe administrative penalties and license suspensions
- Ignition interlock device requirements
- Alcohol treatment and safety school requirements
- Sophisticated breath and blood chemical testing
- Prohibition against driving with certain drug metabolites in your system, even long after consumption
These changes are intended to deter impaired driving but have also resulted in countless citizens facing harsh and often unexpected criminal prosecution. Even first-time DUI offenders may face mandatory incarceration, a one-year driver’s license suspension, employment complications, insurance premium hikes, and a permanent criminal record.
Understanding Bucks County DUI Enforcement
Bucks County law enforcement agencies have taken an aggressive approach to DUI enforcement. Officers are trained extensively in field sobriety testing, probable cause assessment, and chemical evidence collection. In addition, blood testing has become increasingly sophisticated, and prosecutors rely heavily on forensic evidence to secure convictions.
Understanding the interplay between the court system, the District Attorney’s Office, and PennDOT requires legal skill and experience. Navigating this process without a qualified criminal attorney is extremely risky.
A DUI arrest triggers multiple legal processes, including:
- A criminal case with potential jail time and fines
- PennDOT License Suspension
- Ignition Interlock Requirements
- Mandatory Treatment Programs
ARD Is Not Automatic — And Not Always Advisable
Many people who have been charged with DUI are told not to worry because they will “just get ARD.” Accelerated Rehabilitative Disposition (ARD) is often viewed as the default resolution in DUI cases, especially for first-time offenders. ARD can be extremely beneficial in the right circumstances: it allows a defendant to avoid a criminal conviction, participate in rehabilitative programming, and later petition the court to expunge their criminal record.
However, the idea that everyone automatically qualifies for ARD is a misconception.
The District Attorney has special conditions that may prevent your admission into the ARD program, above and beyond the statutory rules outlined in Pennsylvania law. For example, the prosecution may deny ARD based on:
- Prior criminal history not captured by standard state criteria
- Presence of children in the vehicle
- Accidents involving property damage or bodily injury
- Excessively high BAC levels
- Other conduct that prosecutors view as aggravating
Even if you technically meet the statutory eligibility requirements, admission is not guaranteed.
On the other hand, ARD may not be advisable or strategically beneficial in every DUI case. Entering ARD may limit your ability to challenge the legality of the traffic stop, the police investigation, or the chemical testing procedures. In some cases, it may be wiser to:
- Seek a dismissal
- File suppression motions
- Negotiate a different resolution
- Take the case to trial
Only an experienced DUI lawyer can evaluate whether ARD is in your best interest based on the defense options available.
Medical Marijuana, Prescription Medication, and Out-of-State Cannabis Use Are Not Safe Harbors
Another major evolution in DUI law involves drug-related DUI charges. Many citizens assume that possession of a valid medical marijuana card, participation in a state-legal cannabis program, or the use of prescription medication provides some form of immunity from prosecution.
Unfortunately, that is incorrect.
Pennsylvania law makes it illegal to operate a vehicle when there are certain controlled substances or their metabolites in your system, regardless of impairment level or your reason for consuming them. You can be prosecuted for DUI if:
- You legally used cannabis in another state
- You have a valid Pennsylvania medical marijuana card
- You are under a doctor’s care and take prescribed medication
- You consumed cannabis weeks earlier
Detectable levels of THC metabolite up to 30 days after usage may result in criminal prosecution, even if you were not impaired and even if usage occurred legally.
This element of DUI law is one of the least understood by the public. Many drivers who responsibly use legal cannabis or pharmaceutical medication are shocked to be criminally charged long after any impairment has passed.
These cases require careful legal analysis and may present strong constitutional or scientific defenses.
Why You Need a DUI Defense Lawyer Immediately
DUI prosecution is highly technical and scientific. A skilled Bucks County DUI attorney can identify procedural errors, faulty testing, unlawful police stops, mishandled evidence, and insufficient probable cause. Effective legal representation may allow you to:
Every DUI case is unique. What matters most is early intervention and a strategic defense approach tailored to your specific facts.
Schedule a Consultation with a Bucks County DUI Attorney Today
A DUI arrest can affect your freedom, employment, reputation, driver’s license, and financial stability. Whether you are facing your first DUI or a repeat offense, you deserve a defense strategy that aggressively protects your rights and considers every available legal option.
Do not assume that ARD is automatic. Do not assume that cannabis or prescription medication shields you from prosecution. And do not attend any hearing without the guidance of an experienced criminal defense lawyer.
Contact us, an experienced DUI defense attorney today for a confidential consultation and comprehensive case review.
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215-945-9000
