DUI/DWI

If you’ve been charged with a DUI (Driving Under the Influence) or DWI (Driving While Impaired) in Pennsylvania, it’s natural to feel overwhelmed and uncertain about what’s next. These charges are serious, but with the right knowledge and legal representation, you can navigate the situation and work toward the best possible outcome.

As a lawyer, I’ve helped many clients facing DUI/DWI charges. In this article, I’ll break down everything you need to know about these offenses, including how they’re defined, the penalties involved, and how legal defense strategies can help.

What Are DUI and DWI?

In Pennsylvania, DUI and DWI refer to operating a vehicle while impaired by alcohol, drugs, or a combination of both. Impairment impacts a driver’s judgment, reaction time, and coordination, increasing the risk of accidents and injuries.

Blood Alcohol Concentration (BAC) Limits

The legal limit for blood alcohol concentration (BAC) in Pennsylvania depends on the type of driver:

• Adult drivers: 0.08% BAC
• Commercial drivers: 0.04% BAC
• Drivers under 21: 0.02% BAC (zero tolerance policy)

It’s worth noting that you can still be charged with a DUI even if your BAC is below the legal limit if there’s evidence of impairment.

A Real-Life Example

I once represented a nurse who was pulled over after leaving a party. Her BAC was just under 0.08%, but the officer noted signs of impairment, such as slurred speech and difficulty balancing. By challenging the validity of the field sobriety test and questioning the officer’s observations, we were able to have her charges reduced.

Penalties for DUI/DWI in Pennsylvania

The penalties for DUI/DWI in Pennsylvania vary based on factors such as your BAC level, prior offenses, and whether anyone was injured. They are categorized into tiers based on BAC levels:

1. General Impairment (0.08% – 0.099% BAC)

• First offense: $300 fine, no jail time, mandatory alcohol safety education, and up to 6 months’ probation.
• Second offense: Fines up to $2,500, 5 days to 6 months in jail, and a 12-month license suspension.

2. High BAC (0.10% – 0.159%)

• First offense: $500 to $5,000 fine, 48 hours to 6 months in jail, and a 12-month license suspension.
• Second offense: Fines up to $5,000, 30 days to 6 months in jail, and a 12-month license suspension.

3. Highest BAC (0.16% and higher)

• First offense: $1,000 to $5,000 fine, 72 hours to 6 months in jail, and a 12-month license suspension.
• Second offense: Fines up to $10,000, 90 days to 5 years in jail, and an 18-month license suspension.

Additional Consequences

• Repeat Offenses: Penalties escalate significantly for subsequent DUI offenses, including longer jail terms, higher fines, and extended license suspensions.
• Felony DUI: A DUI can be charged as a felony if it causes serious injury or death, or if it’s a third or subsequent offense within 10 years.
• Ignition Interlock Device: Courts may require some offenders to install an ignition interlock device that prevents the vehicle from starting if alcohol is detected on the driver’s breath.

Implied Consent and Chemical Testing

In Pennsylvania, implied consent laws mean that by driving, you agree to undergo chemical testing (breath, blood, or urine) if suspected of DUI. Refusing the test can result in:

• Automatic license suspension (12 months for first refusal).
• Additional penalties on top of the DUI charge.

A Personal Anecdote

I had a client who refused a breathalyzer test because she didn’t understand the consequences. As a result, her license was suspended for a year. However, we successfully argued for limited driving privileges by demonstrating her need for transportation to work and medical appointments.