Being convicted of a DUI has proven to have an adverse effect on just about every aspect of an individual's life. It can hinder your chances of finding a job, tarnish your reputation, severely limit your ability to freely commute from place to place, and even land you a jail or prison sentence. If you have been charged with a DUI, it's important you understand what you're up against. This article will address Pennsylvania DUI laws and penalties, and the significance of retaining a skilled and seasoned criminal defense attorney to advocate for you.
DUI Laws in Pennsylvania
Most people are aware that it is illegal to drink and drive. In order to be convicted of driving under the influence of alcohol, a person must have a recorded blood alcohol concentration (BAC) that is over the illegal limit. The BAC limit in Pennsylvania is:
- .02 or higher for motorists under 21
- .04% for commercial motorists
- .08% for anyone else
As you can see, the rules are stricter for certain demographics of people. Traffic crashes are the number one cause of death for teenagers in the United States, and alcohol has been cited as a major contributing factor in these fatal accidents. Therefore, the state has zero tolerance for people under the age of 21 who are caught drinking or having any kind of drugs in their system while behind the wheel.
Motorists who hold a Commercial Driver's License (CDL) in Pennsylvania are held to higher expectations than non-commercial drivers in practically every regard, but this is especially true when these standards pertain to impaired driving. The state has a low tolerance for commercial drivers who are charged with DUIs and will not hesitate to suspend or even revocate a CDL in addition to the traditional punishments imposed as a result of this offense.
Other DUI-Related Laws
Besides the enforcement of common DUI legislation that most people are aware of, like driving under the influence of alcohol or drugs, there are other laws in relation to a DUI that may lead to a conviction. The implied consent law and the state's open container law are two understated, yet highly enforced laws that the average Pennsylvania motorist may be oblivious to until it is too late.
Implied Consent Laws
A driver has violated the state's implied consent law when he or she has blatantly refused to submit a blood, breath or urine test per the request of a police officer. This law is commonly accidentally violated due to the fact that drivers aren't aware that they automatically grant consent for testing when they register their vehicle. Therefore, when a test is requested, consent is assumed or implied. For refusing to comply with testing, a driver will ultimately be subjected to a fine and an automatic license suspension for at least one year.
Open Container Laws
Under Pennsylvania law, neither drivers nor passengers are allowed to have an open alcoholic beverage stored in a vehicle. It's important to note that the consumption of said alcoholic drink is not relevant in these cases. A violation of the state's open container law is a summary offense that includes monetary fines and a potential license suspension.
Penalties
There is a myriad of penalties that can be imposed upon the conviction of a DUI in Pennsylvania. But fortunately for some motorists, the penalties on the harsher side of the spectrum are not enforced unless prior offenses have accrued, or they have been found to have an excessively high quantity of alcohol or drugs in their system through testing. People who have been charged with a DUI for being generally impaired may be facing the following penalties:
First offense
- Up to six months of probation
- $300 fine
- Alcohol highway safety school
- Drug or alcohol treatment (if ordered)
Second Offense
- Five days to six months in jail
- A fine up to $2,500
- 12-month license suspension
- 1-year ignition interlock installation
- Alcohol highway safety school
- Drug or alcohol treatment (if ordered)
Subsequent Offenses
- Ten days to two years in prison
- A fine up to $5,000
- 12-month license suspension
- 1-year ignition interlock installation
- Drug or alcohol treatment (if ordered)
Pennsylvania Criminal Defense Attorney
As you can see, acquiring DUI charges in the state of Pennsylvania is no joke. Most people in this situation understand that there is way too much at stake to not retain legal counsel. Attorney Joseph D. Lento has extensive experience successfully representing clients who have acquired misdemeanor and felony DUI offenses, and he can do the same for you. Contact him today for help.
