Pennsylvania DUI Laws

Pennsylvania DUI Defense Lawyer

For some people, a DUI arrest is their first encounter with law enforcement. This can be overwhelming for many people, especially those unfamiliar with Pennsylvania DUI laws. The DUI/DWI defense attorneys at Silvers, Langsam & Weitzman, P.C., home of MyPhillyLawyer.com, provide the information clients need while providing the aggressive representation every DUI case demands.

Pennsylvania DUI laws can be quite complex, especially after the changes in DUI/DAI laws in 2004. Under these drunk driving laws, the following are included as alcohol impairment offenses:

  • General impairment: Individuals with blood alcohol content (BAC) levels of .08 – .099 will be charged with general impairment DAI — which is an ungraded misdemeanor offense for first and second offense and is a second degree misdemeanor for third offense.
  • High BAC: Individuals with a BAC of .10 – .159 will be charged with high BAC DAI — which is an ungraded misdemeanor for first and second offense and is a first-degree misdemeanor for third and fourth offense or greater.
  • Underage DUI/DAI: Teens or other underage drivers with a BAC of .02 or greater will face drunk driving charges under Pennsylvania DUI laws. The penalties for underage drunk driving correspond with the penalties for high BAC.
  • Drunk driving crash with injuries: When a drunk driver is involved in an accident resulting in injuries, the driver will face DUI/DAI charges corresponding to the penalties for high BAC, even if their BAC levels were in the .08 – .099 range.
  • Other high BAC offenses: Additionally, commercial drivers with a BAC of .04 or higher, and school bus drivers with a BAC of .02 or higher will face DUI charges as if their BAC levels were in the high BAC range.
  • Highest BAC: Individuals with a BAC of .16 or higher will be charged with highest BAC DAI — which is an ungraded misdemeanor for first offense and is a first-degree misdemeanor for second and third offenses or greater.
  • DUI drugs: Drivers who test positive for any measurable amount of controlled substance in their system will face a charge for DUI drugs that will result in penalties for the highest level BAC
  • Breath test refusal: In addition to an automatic one year driver’s license revocation and a mandatory three days in jail, anyone who refuses to submit to a chemical test will face charges for the highest BAC levels

In addition to facing increased DUI penalties for higher blood alcohol content levels, Pennsylvania DUI/DAI laws provide aggravated penalties for repeat DUI offenses within a 10-year period. Although all alcohol offenses in Pennsylvania are misdemeanors (ranging from ungraded misdemeanors to second- and first-degree misdemeanors), people facing charges for ungraded misdemeanor offenses are not entitled to a jury trial.

Regardless of the DUI charges you face, it is critical to have an experienced trial lawyer on your side. The attorneys of MyPhillyLawyer.com are seasoned trial lawyers known for their courtroom experience and commitment to client success.

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