Being arrested for DUI in Pennsylvania can be a costly, embarrassing, and time-consuming ordeal. Whether you live in Philadelphia or you were only visiting the City of Brotherly Love when you were arrested, finding a DUI attorney in Philadelphia who is familiar with the local laws and courts can be beneficial in helping you fight the charge. An experienced criminal lawyer in Philadelphia can help by taking such steps as challenging the legality of the stop, questioning the maintenance or administration of blood analysis, or negotiating a favorable outcome to keep you out of jail. To learn more or discuss how a defense may be built for your case, call today.
The state of Pennsylvania prohibits and penalizes driving under the influence of alcohol or drugs in Chapter 38 of the Pennsylvania Vehicle Code.
The state’s general DUI law states that a person may not drive, operate, or be in actual physical control of a motor 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.”
This statute allows criminal charges for a person whose driving ability is impaired by alcohol, but it also provides per se laws allowing for the arrest of a person whose blood alcohol concentration (BAC) is at or above a certain level, regardless of impairment:
According to law, BAC is to be determined within two hours of the person having driven, operated, or been in actual physical control of a vehicle. However, there are exceptions to the two-hour rule. If you were given a blood or breath test more than two hours after driving, talk to a Philadelphia DUI attorney about the delay.
Pennsylvania also prohibits driving while impaired by drugs. A person can be charged with DUI with any detectable amount of a Schedule I, II, or III drug in his or her system or the metabolites of the drugs (including trace amounts of THC from marijuana use). DUID charges, similar to those involving alcohol, can carry serious penalties and warrant attention from a Philadelphia DUI attorney as soon as possible.
Although the state lists 0.08 percent as the legal limit for DUI, a person can actually be arrested for driving under the influence of alcohol with a much lower BAC:
In general, DUI is a misdemeanor in Pennsylvania, but the penalties of conviction can vary widely depending on the specific circumstances of the case, such as:
Being arrested for DUI does not have to mean a conviction will follow. Talk to a DUI defense lawyer in Philadelphia to discuss the options for your case.