BY: ROBERT B. GEORGE, ESQUIRE
With the Holidays and celebrations of the New Year recently behind us, you may, like so many other unfortunate but otherwise well-meaning individuals, find yourself the recipient of a present that none of us would want and wish you could return – a citation/summons charging you with Driving Under the Influence (DUI).
Driving under the influence, DUI, also known as and/or referred to by various jurisdictions as Driving While Intoxicated or Imbibing, DWI, is the crime of driving a motor vehicle while impaired by alcohol or drugs, including those prescribed by physicians, to such a degree that one is considered or deemed to be incapable of safely operating a motor-vehicle on the roadways.
Many people simply do not appreciate the consequences or effects of drinking alcohol before getting behind the wheel. A common misconception that many individuals have is the actual impact that alcohol has on their ability to drive safely, as well as the impact of the type of alcohol that they are drinking. In that regard, whether it is a 12-ounce beer, a 5-ounce glass of wine, or a 1.5-oz shot, they each constitute one drink.
As concerns alcohol, a driver’s level of intoxication is typically determined in Pennsylvania by a measurement of blood alcohol content or BAC. A BAC measurement in excess of a specific threshold level, 0.08% under current Pennsylvania law, defines and constitutes the criminal offense. As a result, there is no corresponding need on the part of the Prosecution for the Commonwealth to prove actual impairment. Pennsylvania prohibits the operation of a motor vehicle by a driver with .08 percent or above blood alcohol concentration (BAC). The .08 BAC limit is the standard measurement used across the United States for an “impaired” driver. Pennsylvania has lower BAC limits for commercial drivers (.04 percent) and has a “zero tolerance” or .02 percent BAC for drivers under the age of 21. Pennsylvania also includes controlled substances such as marijuana, cocaine, inhalants and other intoxicants, for purposes of determining impairment.
The consequences of driving while impaired are far reaching, and the effects impact not only impaired drivers, but many others. A conviction for driving under the influence, whether by way of a negotiated guilty plea or a guilty verdict after a Trial on the merits, can impact your life in many ways, including loss of employment, loss of your driver’s licence/privileges, prevention of employment in certain jobs, higher insurance rates, serious financial setbacks, personal and family embarrassment, and possible incarceration.
In addition to mandatory Alcohol Highway Safety School, and full Drug and Alcohol Assessment, which may also result in mandatory treatment and counseling, there are minimum mandatory periods of license suspension, probation/incarceration, and fines. For example, the first time you are arrested and convicted for drunk driving in Pennsylvania you will receive 6 months mandatory minimum probation and a $300 fine if your BAC was between .08-.99. If your BAC is between .10-.159 you will receive between a mandatory minimum of 48 consecutive hours and 6 months in prison, a $500-$5,000 fine and a 12 month drivers license suspension. If the court allows, you may receive a restricted license after 60 days of your original suspension. If your BAC was above .16 you will face between 3 days-6 months in prison, a fine from $1,000-$5,000 and a 12 month drivers license suspension. If the court allows, you may receive a restricted license after 60 days of your original suspension.
Pennsylvania also has what is known as the “Implied Consent” law. Under this law, all drivers on the roadways of Pennsylvania are deemed to have agreed to submit to a chemical test of their blood, breath or urine if an officer of the law suspects that they are under the influence of drugs, alcohol or both. If you refuse to submit to such a test, your driver’s license will be suspended for 1 year on the first refusal. You are considered guilty of a DUI if you refuse a test and each time you refuse this test the penalty increases.
If you are currently being charged with a DUI/DWI, you should promptly consult with an attorney who is experienced in this area of the law to determine, in the first instance, whether you may have any valid defenses to the charges, such as the legality of the underlying traffic stop that ultimately resulted in the arrest for DUI/DWI. Failing any such defenses, you will want to explore the other options, including, but not necessarily limited to, the availability of ARD, which has many benefits over a conviction if you are an eligible candidate.
The attorneys at DiOrio & Sereni, LLP are experienced and available to help you navigate thru the complexities of your DUI/DWI case. Contact Robert B. George, Esquire at 610-565-5700, or send him an e-mail at [email protected].
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