Facing a DUI charge in Pennsylvania isn't much different than it is in other U.S. States. A driver who operates a motor vehicle with a blood alcohol content (BAC) of .08% or higher is against the law in the state of Pennsylvania. The .08% BAC limit is the standard measurement used across the United States. If you are a commercial driver in Pennsylvania the standards are lower. A BAC of .04% is the law and the state has a "zero tolerance" for drivers under the age of 21. This DUI law includes controlled substances such as marijuana, cocaine, and other illegal drugs.
When facing a DUI charge in Pennsylvania, you are actually facing two individual charges. It's considered a criminal offense and a driving offense. Your license may be revoked for a period of time if you get a DUI. In addition, the consequences of a DUI charge may include jail time and/or mandatory alcohol education programs.
Pennsylvania has a 3-tiered system for categorizing DUI's.This is measured by blood alcohol content which affects the penalty charges. The higher the BAC recorded, the greater the punishment will be.
1. BAC of .08% to .099% 2. BAC of .10% to .159% 3. BAC of .16% and above
First, second, third, and subsequent DUI offenses are treated respectfully with harsher punishments for recurring offenses. The more DUI offenses you have the better chance for higher fines, extended jail time and permanent loss of your license. If bodily harm or death was a result of a DUI accident expect a lengthy prison sentence and serious life changing consequences..
When is an Interlock Device Required in Pennsylvania?
Pennsylvania law requires an ignition interlock device be installed in the vehicle of anyone who is convicted of a second DUI offense. It's mandatory for any vehicle you drive. Once your license is reinstated, you will be eligible for a limited license which requires the use of the ignition interlock device for one year. If you violate this there will be further punishment.
What is an Interlock Device?
An ignition interlock device is an electronic piece of equipment that attaches to your car’s ignition and will only allow you to operate your vehicle if you haven't been drinking. Before driving you must blow into the device which will test your BAC levels. If any amount of alcohol is detected the vehicle won't start and will register a failure. This reading will be logged into the system which means that your probation has been violated and there will be additional consequences.
The Implied Consent Law in Pennsylvania
Pennsylvania has what is known as an "Implied Consent" law in relation to drunk driving. This means that all drivers in Pennsylvania must agree to submit to a chemical test of their blood, breath or urine if suspected of driving under the influence of drugs, alcohol or both. Note that if law enforcement orders any of these tests and you refuse, your drivers license will be suspended for one year no matter what. Your refusal to consent will be considered an admission of guilt. For each subsequent refusal the penalties increase.
In the United States driving is a privilege rather than a right. For that reason, the state of Pennsylvania takes drunk driving very seriously. Keeping the roads safe and clear of impaired drivers is imperative to protect the public and prevent unnecessary harm and loss of life.
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