In Bucks County in 2017, there were more than 2,200 adults and 30 juveniles arrested for driving under the influence of alcohol or drugs. Statewide in that same year, 293 roadway fatalities were the result of drunk driving. There was also an average of 18 people each day that were injured as a result of an alcohol-related vehicle accident.
Driving Under the Influence of Alcohol or a Controlled Substance (§3802)
Individuals are prohibited from driving, operating, or otherwise maintaining control of the movement of a vehicle after ingesting an amount of alcohol that renders them incapable of doing so safely. This also applies to those with a blood alcohol concentration that exceeds .08%.
Levels (Tiers) of Alcohol Concentration (BAC)
|
Level |
Concentration |
|
General Impairment |
.08 to .099% |
|
High Rate |
.10 to .159% |
|
Highest Rate |
.16% or more |
|
For All Minors |
.02% or more |
Understanding “Drugged Driving”
Motorists are also prohibited from driving, operating, or otherwise controlling a motor vehicle when their blood contains the following:
- Controlled substances classified as Schedule I, II or III that are not prescribed by a physician
- Any metabolites or derivatives of scheduled controlled substances
- Any combination of alcohol and drugs that hinders the ability to safely operate a vehicle
- Substances that are deemed as being “solvent or noxious”
Grading of DUI Offenses in Pennsylvania (§3803)
First-time DUI offenders are charged with an upgraded misdemeanor offense that is punishable by up to six months of probation and a $300 fine. These offenders are also required to complete classes regarding alcohol safety and may be subject to treatment for drugs and alcohol.
Those with one prior DUI conviction are charged with an upgraded misdemeanor that is punishable by a maximum of six months of imprisonment and up to a $2,500 fine. These second-time offenders also will have their driving privileges suspended for 12 months. They are also required to complete classes regarding alcohol safety and may be subject to treatment for drugs and alcohol. Offenders are also required to maintain an ignition interlock device in their vehicle for one year.
Drivers with two prior DUI convictions are charged with a second-degree misdemeanor that is punishable by a maximum of two years of imprisonment and up to a $5,000 fine. These third-time offenders also will have their driving privileges suspended for 12 months. They are likely to be ordered to complete a treatment program for drugs and alcohol and are required to maintain an ignition interlock device in their vehicle for one year.
Drivers with three or more prior DUI convictions will be charged with a third-degree felony offense. A prior DUI offense is defined as any conviction within the prior 10 years. The penalties outlined above apply to those who had a BAC in the “general” level of impairment. These penalties continue to increase in severity when the BAC level is within the “high” and “highest” levels.
Ignition Interlock Devices
These devices are installed in vehicles and require the driver to submit a breath sample before the ignition will engage. If the device detects the presence of alcohol, the ignition will not work. The offender is responsible for fees to cover the installation and rental costs of the equipment.
Effective Legal Representation for DUI Offenses in Pennsylvania
Being convicted on DUI charges can result in penalties such as incarceration, fines, probation, and more. Individuals with prior convictions for DUI may have enhanced penalties imposed and incur various collateral consequences. Joseph D. Lento is an attorney with many years of experience defending clients in these cases. Contact the office today for a case consultation at (888) 535-3686.
