A DUI arrest in Pennsylvania is more common than one might think, with over 50,000 arrests made in 2011 alone. Since most DUI offenses are misdemeanors, it is easy to assume that being arrested for driving under the influence in Philadelphia or other parts of Pennsylvania is not that pressing or weighty of an issue.
However, the opposite is true. Pennsylvania has extensive, strict DUI laws with different levels of intoxication and consequences. Additionally, reduction of your charges to a wet reckless, or a reckless driving charge with alcohol instead of DUI, is barred by statute. Having an experienced criminal lawyer in Philadelphia at your side from the very beginning of the process could bolster your defense and help increase your chances of a dismissal or not guilty charge.
Philadelphia DUI Defense Lawyer
Joseph D. Lento of Lento Law Firm is an experienced attorney and veteran of first-time and repeat DUI trials. Your first consultation is free, and Joseph Lento works with each case personally, so call (215) 535-5353 today to see if he is the right Philadelphia DUI defense lawyer for you.
Driving Under the Influence, Information Center
- Basic Principles of Pennsylvania DUI Law
- Levels of Impairment by BAC
- Consequences Per DUI Offense
- High Alchol Content Arrests
- Consequences for Highest BAC
- Accelerated Rehabilitative Disposition
- Pennsylvania DUI Resource Center
Pennsylvania DUI Law – Basic Principles
In Pennsylvania, you can be arrested for DUI for being over the legal limit, for driving while impaired by alcohol but not necessarily over the legal limit, and for driving under the influence of drugs.These laws for DUI in Pennsylvania are defined in 75 Pa. Cons. Stat. §3801-3817. The controlled substances you can be charged with driving under the influence of include
- Marijuana
- Cocaine
- Meth
- Ecstasy
- Inhalants
- Prescription drugs – Xanax, Codeine, Vicodin, Valium, Ritalin, Adderall
Pennsylvania law also allows for a DUI arrest if you are in actual physical control of the car – generally, if it can be deduced that you were probably driving or were capable of driving the vehicle, you can be charged with DUI. Additionally, Pennsylvania has an implied consent law that state that any person driving on Pennsylvania roads is automatically giving his or her consent to a blood, breath, or urine test for alcohol or drugs. If you refuse, you face consequences like an administrative license suspension.
Levels of Impairment in Pennsylvania by BAC
In addition to having a base legal limit at .08% of blood or breath alcohol content (BAC), Pennsylvania has specific tiers of impairment based on percentages of BAC. As the level of alcohol present increases, so do the penalties.
It is also important to consider that Pennsylvania is a zero tolerance state for underage drivers – and drivers under 21 caught with a BAC of over .02 will be subject to additional penalties. This also applies to commercial drivers and bus drivers, but with a limit of .04. The levels of impairment for DUI in Pennsylvania are:
General Impairment
- .08% to .099%
High BAC
- .10% to .159%
Highest BAC
- .16% and up
- DUI Drugs
- Defendant refuses chemical testing
Consequences Per DUI Offense
What consequences someone charged with DUI in Philadelphia faces depends on if the defendant did a BAC test, how impaired he or she was, and whether it is a first or subsequent offense. If property damage, personal injury, or death occur the charges and penalties will be even more severe. The basic DUI penalties if no damage occurs are:
General Impairment
- Up to 6 months of probation
- Up to $300 fine
- Mandatory alcohol highway safety school
- Mandatory alcohol treatment
- Up to 1 year driver's license suspension
- Up to 1 year of required ignition interlock device
- 5 days – 6 months of jail time
- $300 - $2,500 fine
- Mandatory alcohol treatment
Third or Subsequent DUI Offense
- Second-degree misdemeanor
- Up to 1 year driver's license suspension
- Up to 1 year of required ignition interlock device
- 10 days to 2 years of jail time
- $500 - $5,000 fine
- Mandatory alcohol treatment
High Alcohol Content Arrests
First High BAC DUI Offense
- Up to 1 year driver's license suspension
- $500 - $5,000 fine
- Mandatory alcohol highway safety school
- Mandatory alcohol treatment
Second High BAC DUI Offense
- Automatic 1 year driver's license suspension
- Up to 1 year of required ignition interlock device
- 30 days to 6 months of jail time
- $750 - $5,000 fine
- Mandatory alcohol highway safety school
- Mandatory alcohol treatment
Third High BAC DUI Offense
- First-degree misdemeanor
- Automatic 18-month license suspension
- Up to 1 year of required ignition interlock device
- 90 days – 5 years of jail time
- $1,500 - $10,000 fine
- Mandatory alcohol treatment
Fourth High BAC DUI Offense
- First-degree misdemeanor
- Automatic 18-month license suspension
- Up to 1 year of required ignition interlock device
- 1 to 5 years of jail time
- $1,500 - $10,000 fine
- Mandatory alcohol treatment
Consequences for Highest BAC
First Highest BAC DUI Offense
- Up to 1 year driver's license suspension
- 72 hours to 6 months of prison
- $1,000 - $5,000 fine
- Mandatory alcohol highway safety school
- Mandatory alcohol treatment
Second Highest BAC DUI Offense
- First-degree misdemeanor
- Automatic 18-month license suspension
- Up to 1 year of required ignition interlock device
- 90 days – 5 years of prison
- $1,500 - $10,000 fine
- Mandatory alcohol highway safety school
- Mandatory alcohol treatment
Third or Subsequent Highest BAC DUI Offense
- First-degree misdemeanor
- Automatic 18-month license suspension
- Up to 1 year of required ignition interlock device
- 1 to 5 years of jail time
- $2,500 - $10,000 fine
- Mandatory alcohol treatment
Accelerated Rehabilitative Disposition
Pennsylvania's accelerated rehabilitative disposition programs are special pre-trial intervention programs offered by the district attorneys of the state to non-violent offenders with either no prior record or a very limited prior record. The purpose is to rehabilitate the offender while eliminating the need for the traditional costly, extensive criminal process. Candidates for the program are screened closely by the DA presiding over where the offense was committed.
Since the program is rehabilitative, the defendant faces reduced penalties and is more likely to be involved in required programs like a driver safety course and community service. What the qualifications for the program are and what each program involves differs by county. However, throughout Pennsylvania, once the program is complete it allows the records to be expunged.
Pennsylvania DUI Resources
Philadelphia Police Department – The home page of Philadelphia P.D.'s website is the gateway to many helpful resources, including district information, safety and prevention links, and officer complaint forms.
Philadelphia Police Department750 Race Street
Philadelphia, PA 19106
Non-emergency Phone: 311
MADD - Mothers Against Drunk Driving, Pennsylvania - This MADD page has the contact information you need to get in touch with the local MADD branch. The rest of the site has useful resources like drunk driving statistics, state DUI information, and underage drinking information.
Southeast Pennsylvania Alcoholics Anonymous – This is the homepage for the Philadelphia-area Alcoholics Anonymous organization. Here you can find information on alcoholism, the 12 steps program, local meetings, and local events.
Finding the Best DUI Lawyer in Philadelphia
If you have been charged with a drunk or drugged driving offense in Pennsylvania, contact Joseph Lento of Lento Law Firm to begin constructing your defense. Lento has the experience and the will needed to fight for the protection of your rights and your freedom. Call today to schedule your Philadelphia DUI case consultation for free at (215) 535-5353.
