DUI & DWI in Pennsylvania
You may not realize this but it only takes 1 drink for a woman and 2 drinks for a man to be legally drunk in Pennsylvania. This means that a glass of wine at a family picnic or a drink with dinner may change the course of your life.
You may be able to avoid some of the damage by consulting with a Pennsylvania DUI attorney.
The consequences of a DUI conviction are serious. They include:
- Criminal penalties
- Loss of reputation in the community
- Job loss
- Professional licensure loss
- Civil law suitsand losing everything you own
If you or a loved one has been arrested on a DUI charge in Pennsylvania, this article is for you. In the few minutes it takes you to read this article, you’ll learn:
- Pennsylvania DUI laws
- Pennsylvania DUI punishments
- Potential DUI defenses
- Pennsylvania’s other drunk driving and alcohol laws
When is a Driver Considered to be Legally Drunk in Pennsylvania – What are PA DUI Laws?
PA drunk driving laws are found in 75 Pa. C.S. В§ 3802.
- In general, Pennsylvania drivers are considered to be legally drunk if they have a BAC (blood alcohol content) of .08 or more.
- Commercial drivers are legally drunk if their BAC is .04 or higher.
- School bus drivers are legally drunk with a BAC of just .02 or more.
- Drivers under the age of 21 are legally drunk with a BAC of .02 or more.
What is Pennsylvania’s Punishment for DUI Convictions?
In Pennsylvania, DUI criminal punishments (75 Pa. C.S. В§ 3802) are based upon three factors:
- Whether this is your first offense or a subsequent offense. Criminal penalties for subsequent DUI convictions increase in severity.
- How high your BAC is. The higher the BAC, the harsher the penalty.
- Whether you caused someone else’s death or bodily injury (75 Pa. C.S. §§ 3742 and 3742.1).
Common penalties include:
- Jail Time
- Fines
- License Suspension
- Alcohol Highway Safety School
- Drug And Alcohol Treatment
- Community Service,
- Ignition Interlock
Pennsylvania Drunk Driving Defenses
Your DUI defense lawyer will carefully analyze your case to determine your best defenses. Here are 6 defenses that are commonly used.
- The Breathalyzer results are erroneous and no second and independent test was administered.
- The testing officer wasn’t certified to administer the test.
- The medical personnel drawing blood didn’t follow protocol.
- Police lacked probable cause to stop you.
- You weren’t the one driving.
- The trial judge offers incorrect jury instructions.
Pennsylvania’s Other Drunk Driving and Alcohol Laws
This is an excellent summary of PA’s drunk driving and alcohol related laws.
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Pennsylvania Dram Shop Statute – a bar or restaurant can be held liable for injuries is that drinking establishment served a visibly drunk individual or a minor.
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Pennsylvania Social Host Law – Adults who serve alcohol to minors can be held liable for injuries to that minor and any injuries that minor causes.
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Furnishing Alcohol to a Minor – Any adult who serves alcohol to a minor is guilty of a 3rd degree misdemeanor that is punishable by up to one year in prison and a $2,500 fine. The minimum fine is $1,000 for a first offense.
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Licensed Drinking Establishment Serving Alcohol to a Minor – The owner, operator, or server of a bar or restaurant that serves minors alcohol is subject to between 3 months and 1 year in jail and a fine of up to $5,000. The establishment’s liquor license may also be seized.
How to Find a Pennsylvania DUI Attorney
If you or a loved one has been arrested for DUI or in violation of any of Pennsylvania’s other drinking laws, your next step is to contact a Pennsylvania DUI defense attorney now. To find a PA DUI lawyer, you can search our website, www.attorneys.org, or ask friends or the bar association for a referral.
