DUI Lawyer Pennsylvania
Under Pennsylvania law, repeat offenses may be charged as gross misdemeanors or even felonies. In 2004, Pennsylvania made changes to its DUI/DWI/DAI law which:- Lowered the legal limit to .08 percent blood-alcohol from .10 percent;
- Created a zero tolerance stance for any illegal drugs in your system, including prescription drugs, if not prescribed to the driver;
- Provided stiffer penalties, including more jail time, longer license suspensions, and increased fines;
All states have "implied consent" laws that require drivers suspected of being intoxicated to submit to some form of chemical test, such as breath, blood, or urine testing, in exchange for the privilege of driving a vehicle, on state roads and highways. Due to these “implied consent” laws, a driver who refuses to submit to such testing, faces mandatory penalties, such as suspension of their driver's license. These mandatory penalties are typically harsher then those imposed for simply failing the DUI/DWI/DAI test.
When law enforcement officers suspect a driver of being impaired, the officer will typically conduct a “field sobriety” test and/or “chemical test” for intoxication. The field sobriety test involves the driver performing various tasks, that allow the officer to witness any obvious impairment in the driver’s physical or cognitive ability. Chemical tests are used to assess the driver’s blood alcohol level, and can be administered at the scene in the form of a “Breathalyzer” or at a local hospital in the form of urine and/or blood tests. A failure of either test, or the refusal to submit to a test, result in DUI/DWI/DAI charges being brought against the driver.
The mandatory minimum penalties for each offense are:
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Effective: 02/1/04 |
No prior DUI offenses |
1 prior DUI offense |
2 or more prior DUI offenses |
3 or more prior DUI offenses |
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General Impairment penalties (Undetermined BAC, .08 to .099% BAC) |
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Same as Third ß |
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High BAC penalties (.10 to .159% BAC) |
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Highest BAC penalties (.16% and higher) or Controlled Substance |
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Same as Third ß |
These penalties can be increased in their severity, if the DUI/DWI/DAI arrest has certain extenuating circumstances, such as whether or not the driver:
- Has a history of DUI violations;
- Was operating a commercial vehicle at the time;
- Had a child in the vehicle with them;
- Was under the legal drinking age;
- Committed simultaneous other moving violations, such as reckless driving;
- Was involved in a car accident causing property damage;
- Was involved in a car accident in which another person was injured or killed;
A DUI/DWI/DAI arrest in Pennsylvania requires the immediate attention of an Attorney who specializes in DUI/DWI/DAI defense. A knowledgable Attorney can assist first time offenders get into special programs which may allow them to avoid jail time, keep their driver’s license and have the arrest expunged from their record.
Michael Kotik Attorney at Law, Lawyer for Legalphilly.com 215-564-1010.
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