November 22, 2016 | admin DUI CRIMINAL CHARGES IN PENNSYLVANIA

When the average person comes across the phrase ‘DUI’ or hears about someone getting pulled over, charged, and arrested for such an offense, the thoughts that usually come to mind involve scenes of a crazy night out, endless amounts of alcohol, a confounding decision to drive, and the inevitable flashing lights in the rearview mirror. While many cases may unfold in this general pattern, the truth is that most do not.

What many people do not realize is that the DUI offense encompasses an array of conditions with different levels and tiers, which can leave people at risk unbeknownst to them. Simply put, it really doesn’t take much.

As of September 2003, the Pennsylvania’s legal alcohol limit was lowered from .10 to .08. Additionally, there are now three levels to the DUI offense according to the PA crimes code:

Section 3802.  Driving under influence of alcohol or controlled substance.

(a) General impairment.
(1)  An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.

(2)  An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least .08% but less than .10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

(b)  High rate of alcohol.–An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least .10% but less than .16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

(c)  Highest rate of alcohol.–An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is.16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

Consequences for these three aforementioned tiers can range from a $300 dollar fine all the way to 5 years in prison. Suspensions and revocations of licenses also become possibilities. Furthermore, someone who may be technically under the legal limit but gets involved in or causes an accident suddenly puts themselves at risk for being charged with a crime.

DUIs are certainly a serious matter and can seem daunting to face for anyone involved, but the law also allows for certain exceptions for people who may qualify for them by falling into one of several categories with regards to their personal circumstances. These exceptions could come in the form of fines that would otherwise be levied or in some cases even jail time for an offense.

The law can be hard to navigate but knowing your options can make a world of a difference.  Contact our office for questions or concerns that you or a loved may have regarding DUI offenses in Philadelphia, Bucks County, Montgomery County, Chester County, Delaware County, and New Jersey.