DUI Offenses in Pennsylvania
Pennsylvania, like many other states, has very strict DUI laws. You cannot drive a vehicle, or be in actual control of a vehicle such that you are physically able to drive it, while under the influence of alcohol or drugs, or with any amount of a controlled substance, in your blood.
General Impairment DUI & Per Se DUIA driver of a vehicle is typically charged with a "Generally Impairment DUI" when the driver is suspected of being under the influence of alcohol or drugs and driving in an unsafe manner.
A driver is typically charged with a Per Se DUI, often in addition to a General Impairment DUI, when a driver is suspected of driving with a BAC level of at least .08%. The BAC level is determined by either a breathalyzer test or blood test, given to the driver within 2 hours of suspected driving.
DUI PenaltiesWhen a driver is convicted of a DUI, the penalties or sentencing can range from probation, driver license
suspension and fines/court costs, to jail time for several years, depending on the severity of the facts of the case or depending on whether the driver has been convicted of any other DUI's in the past. 10 years.
1st time DUI Defendants sometimes qualify for an ARD (Accelerated Rehabilitation Disposition) that allows the DUI charges to be dismissed after a non eventful period of probation.
There are also many defenses available to DUI Defendants that can result in the DUI charges being dismissed, such as no evidence of drinking or taking drugs, a faulty BAC level, police not following proper procedures, etc..
The job of a criminal defense attorney is to work hard to protect all the constitutional rights of a DUI Defendant and to help resolve the DUI charges in the best way possible under the law.