According to a report compiled by the state, there were over 1,400 adults and 6 juveniles who were charged with driving while impaired by alcohol or drugs in 2017 in Delaware County. Governmental and law enforcement agencies have been implementing significant efforts to increase public awareness through various educational campaigns regarding the dangers of driving while intoxicated.
|
Pennsylvania |
2015 |
2016 |
2017 |
|
Alcohol-Related Crashes |
10,558 |
10,256 |
10,346 |
|
Alcohol-Related Fatalities |
345 |
297 |
293 |
Retaining an Experienced Defense Attorney
Were you recently charged with DUI in Pennsylvania? These matters definitely justify obtaining assistance from a seasoned attorney that is well-versed in this realm of legal practice. Attorney Joseph D. Lento will review the evidence that is the basis for the case and devise a comprehensive defense strategy.
Driving Under the Influence of Alcohol § 3802
Individuals are prohibited from driving, operating, or otherwise controlling a motor vehicle after consuming alcohol in a quantity that impairs safe operation. Alcohol is typically detected by using a breath test.
Driving Under the Influence of a Controlled Substance § 3802
Individuals are prohibited from driving, operating, or otherwise controlling a motor vehicle when their blood contains controlled substances. Specifically, these are substances classified as Schedule I, II, and III that were not prescribed. Others that are prohibited include “solvent or noxious” substances and metabolites that exist from such substances.
Ignition Interlock Devices
An ignition interlock device is installed in a vehicle to require the driver to submit a breath sample in order to start the car. This device will test for the presence of alcohol and is now a requirement for first-time offenders with high blood alcohol concentrations (BACs).
The Potential Penalties for a First DUI
|
BAC Level |
License Suspension |
Probation or Jail Time |
Fine |
|
.08 to .099% |
N/A |
six-month probation |
$300 |
|
.10 to .159% |
12 months |
48 hours to six months |
$500 to $5,000 |
|
.16% or more |
12 months |
72 hours to six months |
$1,000 to $5,000 |
The courts may require first-time offenders to attend an alcohol highway safety program and/or drug and/or alcohol treatment. Those operating under the influence of a controlled substance are classified in the .16% BAC level for the imposition of penalties. Commercial motor vehicle operators are subject to a nationally established limit by the Federal Motor Carrier Safety Administration of a .04% BAC limit. Drivers who are under the age of 21 may not operate a vehicle at a BAC of .02% or more.
Understanding Implied Consent
All licensed drivers are “deemed to have given consent” to submit to chemical testing for purposes of detecting the existence of a controlled substance and/or blood alcohol content. This applies when a member of law enforcement has “reasonable grounds to believe” that the driver may be under the influence.
Delaware County Probation for First-Time Offenders
As indicated, first-time DUI offenders in the low-tier BAC segment are subject to a period of six months of probation. This is imposed in lieu of a driver's license suspension and jail time. The Delaware County Court governs the Adult Probation and ARD programs. Some of the conditions that apply include:
- Must notify the Office of Adult Probation if arrested or receive any citations
- May be required to submit to random drug screening and Breathalyzer testing
- Upon entry into the ARD program, all fines and costs are to be paid
- A monthly supervision fee of $40 is required and other terms required by the court
DUI Attorney Represents Clients in Delaware County
The Lento Law Firm is well-established in DUI defense. We represent clients throughout Delaware County and across the state of Pennsylvania. You can receive a complimentary case evaluation by calling (888) 535-3683.
