Delaware County Underage DUI

The Pennsylvania Department of Transportation has been promoting its “zero tolerance” campaign recently that seeks to heighten awareness regarding underage DUI. It refers to the state's zero tolerance for drivers under the age of 21 who are found to be operating a vehicle under the influence of alcohol. Underage motorists may be deemed as “over the legal limit” when their blood alcohol concentration (BAC) measures .02%. These offenders may face jail time, a loss of driving privileges, fines, and more.

Many younger people are unaware that they may place their driving privileges at risk by committing alcohol-related offenses that do not involve driving a vehicle. This may apply to those who possess or consume alcohol or used fake identification in order to obtain alcohol. These underage offenders may have a 90-day driver's license suspension imposed for the first offense, which is extended to one-year for second- time offenders. The state now will also impose a $1,000 fine on adults who willingly supply alcohol for underage individuals.

Driving Under the Influence of Alcohol or Controlled Substances (§ 3802)

It is against the law to operate or control a motor vehicle after consuming alcohol to a level that impedes the ability to safely operate a vehicle.  Motorists are also prohibited from operating or controlling a motor vehicle when they have controlled substance in their blood. This includes prescription medications that are not prescribed by a physician that are Schedule I, II, or III drugs or their metabolites. In addition, any substances that are “solvent or noxious” are prohibited.

Members of law enforcement may detect the presence or alcohol and the BAC level of the driver by using a breath test. Pennsylvania employs several categories associated with the driver's BAC level that determines the potential severity of penalties.

Blood Alcohol Content (BAC) Levels

  • For Minors .02%
  • General Impairment: .08% - .099%
  • High Level: .10% - .159% *This is the level used for penalties in all underage DUI cases
  • Highest Level: Greater than .16%

*High Rate BAC .10 to .159%

Sentence

Fine

License Suspension

First Offense

Two Days to Six Months

$500 - $5,000

12 Months

Second Offense

30 Days to Six Months

$750 - $5,000

12 Months

Third Offense

90 Days to Five Years

$1,500 - $10,000

18 Months

Accelerated Rehabilitative Disposition (ARD) program

The Delaware County District Attorney's Office oversees their ARD Unit. This is a program that requires offenders to complete process that may ultimately allow them to have their offense expunged. Some of the penalties imposed include the following:

  • A 90-day driver's license suspension
  • Remain under court-supervised probation for a six month period
  • Fines ranging from $300 and $5,000 in addition to court-related fees and costs.
  • Submit to an alcohol and drug assessment
  • Complete alcohol and/or drug rehabilitation treatment if ordered
  • Completion of a 121/2 hour Alcohol Highway Safety School.

Do I Need an Attorney if Facing DUI Charges?

Lawmakers at all levels have responded to the many alcohol-related vehicle accidents that cause injuries, fatalities, and property losses in recent years. Younger drivers can ill afford to have a DUI conviction. These offenses can create problems if your background is investigated for educational, occupational, and other purposes.

Delaware County Underage DUI Defense

Attorney Joseph D. Lento has been tirelessly advocating for clients in the greater Delaware County region for years. He strives to create a comprehensive defense strategy and make sure that your rights are protected along the way. Contact the office today to speak with an attorney that has your best interests in mind.

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Attorney Joseph D. Lento has more than a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania and New Jersey attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, Outside of Pennsylvania and New Jersey, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance is educational advice, and does not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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