In 2017, over 2,200 adults and more than 30 juveniles were charged with driving under the influence of alcohol or drugs in Bucks County. Across the state of Pennsylvania during this year, approximately 8% of vehicle crashes were alcohol-related. Among fatal crashes, roughly 26% involved a driver who was operating under the influence. The age group that is most commonly found to be driving under the influence is those between the ages of 21 and 25.
What Constitutes Drunk Driving?
Driving Under the Influence of Alcohol § 3802: Motorists are prohibited from driving, operating, or otherwise guiding the motion of a vehicle after consuming alcohol to an extent that it impedes safe operation.
Understanding “Drugged Driving”
Driving Under the Influence of a Controlled Substance § 3802: Motorists are prohibited from driving, operating, or otherwise guiding the motion of a vehicle when their blood contains:
- A Schedule I, II or III controlled substance that is not prescribed by a physician
- Metabolites of scheduled controlled substances
- Combinations of drugs or alcohol that impedes safe vehicle operation
- Under the influence of “solvent or noxious” substances
Those Charged With DUI Should Seek Legal Counsel
If you've been charged with operating a motor vehicle under the influence of alcohol or drugs in Bucks County, you should promptly contact a criminal defense attorney. Your attorney will review the evidence and plot a solid defense. A DUI is a charge can have major ramifications including a loss of driving privileges, incarceration, fines, and many other penalties. The Lento Law Firm will protect the rights of those faced with these charges.
|
Blood Alcohol Content (BAC) Levels[1] |
|
|
General Impairment |
.08% - .10% |
|
High Level |
.10% - .16% |
|
Highest Level |
Greater than .16% |
|
Commercial Driver's License (CDL) |
.04% |
|
For Minors |
.02% |
Measuring Blood Alcohol Concentration (BAC)
For a first DUI offense, the courts are largely guided by a tiered structure for imposing penalties. The severity of them increases according to the level of impairment determined at the time the driver is charged. Breath testing must be administered by a certified operator. This individual is responsible for testing an calibrating the equipment.
Penalties for a First DUI
General Impairment: .08 to .099% BAC
- A misdemeanor offense
- Probation period of up to six months
- Fine of $300
- Completion of alcohol highway safety school
- Drug or alcohol treatment when ordered
High BAC: .10 to .15% BAC
- An upgraded misdemeanor offense
- Driver's license suspension of 12 months
- Incarceration period of between 48 hours and six months
- Fine of between $500 and $5,000
- Completion of alcohol highway safety school
- Drug or alcohol treatment when ordered
Highest BAC: .16% or more or Under the Influence of a Controlled Substance
• An upgraded misdemeanor offense
• Driver's license suspension of 12 months
• Incarceration period of between 72 hours and six months
• Fine of between $1,000 and $5,000
• Completion of alcohol highway safety school
• Drug or alcohol treatment when ordered
Refusing to Consent to Test
Drivers in Pennsylvania are assumed to have given consent to “one or more chemical tests of breath or blood” in order to determine their blood alcohol level or the presence of a controlled substance(s). If an individual refuses to submit to testing, law enforcement must disclose that the refusal results in a loss of driving privileges.
A Lawyer for Defending DUI Charges in Bucks County
Attorney Joseph D. Lento effectively represents clients against DUI charges. This involves creating a customized defense strategy based on the evidence and circumstances. Contact the office today for a consultation at (888) 535-3686.
[1] https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.038..HTM
