An Overview of Pennsylvania's DUI Laws

Last updated 4 months ago

While DUI laws exist all across the country, the parameters of these laws vary from state to state. If you are a Pennsylvania resident or you have been pulled over for driving under the influence of alcohol in Pennsylvania, read this article to learn more about your rights.

Who can be charged with a DUI in Pennsylvania?
In the state of Pennsylvania, a DUI charge can be administered to any individual who is operating a motor vehicle with a blood alcohol content (BAC) of .08 or higher. A commercial driver may not operate his or her vehicle with a BAC of .04 or higher. For minors, Pennsylvania has a “zero tolerance” policy in place. This means that any minor with a BAC of greater than .01 can be charged with a DUI.

How do BAC and DUI history influence penalties?
Regardless of whether you are convicted of your first DUI or your fourth, the punishment assigned to you will correlate to the volume of your BAC. Penalties are administered according to these three levels:

Lowest penalty: .08-.099
Higher penalty: .10-.159
Highest penalty: .16 or greater

Your DUI penalty is determined by the level of your BAC and your DUI history. For a first offense, this means you could face anywhere from zero days to six months in prison and be fined between $300 and $5,000. You may or may not lose your license; but if you do, it will be for no more than 12 months. For a third offense, you may face up to five years in prison and a license suspension of 18 months. If you are accused of a DUI, hire an attorney as soon as possible.

Which tests can law enforcement officials perform?
“Implied consent” law is in effect in Pennsylvania. This means any driver who is exercising his or her privilege to drive on Pennsylvania roadways agrees to submit to a blood, breath, or urine test if a law enforcement official suspects that the driver is under the influence of alcohol or drugs. Refusal to submit to a chemical test results in a one-year driver’s license suspension and a DUI charge.

Are you looking for an experienced criminal defense lawyer to help you fight your DUI charge? If you live in Pittsburgh, Washington, Greensburgh, Butler, or Uniontown, call the Law Offices of David S. Shrager at (412) 567-5833. Set up a free initial consultation with one of the area’s most dedicated DUI attorneys today.

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