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If you are under the age of 21 and are charged with a DUI in Pennsylvania you will be charged under a separate section of the DUI law. The way PA defines a DUI for a individuals who are not old enough to legally drink in PA is where your BAC level is above .02% within two hours of driving, operating, or being in physical control of a vehicle. The Commonwealth does not have to prove you were incapable of…
There are a lot of steps involved in accurately determining a persons blood alcohol concentration (BAC). Each step must be completed to properly test your blood sample. Any misstep along the testing process can result in an improper result. Most blood samples for DUI cases in Pennsylvania are tested either in a PA State Police Crime Lab or at a private lab called NMS Labs. Both use the same type of testing called gas chromatography. This method tests the unknown…
Pennsylvania has multiple ways, under section 3802(d) of the vehicle code, to charge someone who is driving with controlled substances or other drugs in their system. These include driving after having used illegal street drugs or after having taken drugs that were prescribed by a doctor or after having used drugs that are normally prescribed by a doctor without a valid prescription. Subsection (1) applies to anyone who drives a motor vehicle with any amount of a Schedule I drug…
As important as having a driver’s license is to most people, in Pennsylvania driving is a privilege not a right and that privilege can be taken away for several reasons. Among the reasons someone might lose their driver’s license is because they have gotten too many points on their record, they have received a medical suspension, they failed to pay fines imposed by a court, or they received a suspension associated with a criminal conviction. Pennsylvania takes a hard stance…
If your license is suspended due to a DUI conviction or ARD placement, and you are caught driving before you get your license restored, you can face charges under Section 1543(b) of the Vehicle Code for Driving Under Suspension DUI related. A DUI related suspension remains in effect until you get your license is restored, even if the actual suspension length is over. Failure to get your license restored can result in Driving Under Suspension DUI related charges months or…
Obtaining a driver’s license is a right of passage for most Americans. A driver’s license is an essential tool that allows us to commute to and from work. For some people is it an essential tool for work. As important as having a driver’s license is to most people, in Pennsylvania driving is a privilege not a right. In Pennsylvania you must have a valid driver’s license and have it with you in order to legally drive. If you never…
Classifed by PA as a felony 2, punishable by up to 10 years in jail and a maximum fine of $25,000. An additional two years jail time can be requested by the District Attorney for texting while driving, failure to yield to an emergency vehicle, failure to move for emergency vehicles, or if the offense is committed in an active work zone. The District Attorney can also ask for an additional two years of incarceration if you are not properly…
There are three types of drug DUI cases in Pennsylvania. Prescript drug DUI cases. Illegal drug DUI cases. The third category is Medical marijuana DUI cases. Prescription Drug DUI Cases in Pennsylvania Time and time again I speak to new clients and they don’t understand how they can be charged and possibly convicted of a DUI based on them taking their legally prescribed drugs. Well, they can. Pennsylvania law states that if a person is impaired on drugs they are…
Pennsylvania DUI crimes include: Driving Under the Influence – General Impairment Driving Under the Influence with a BAC between .08-.10 Driving Under the Influence with a BAC between .10-.16 Driving Under the Influence with a BAC over .16 Driving Under the Influence of a Controlled Substance Driving Under Suspension Aggravated Assault while DUI Homicide by Vehicle while DUI First Offense DUI Second Offense DUI Third Offense DUI Fourth Offense DUI Boating While Intoxicated
A DUI based on alcohol is the most common DUI in Pennsylvania. There are two ways a person can be charged with DUI based on Alcohol. A lot of my clients ask why they are charged with two types of DUI? That is because the prosecutors try as many ways to convict you as they can. The two standard Pennsylvania alcohol DUI charges are General Impairment and your Blood Alcohol Level. Here they are in more detail: General Impairment DUI:…
