David Zellis Is Your DUI Lawyer In Pennsylvania

General Impairment

This is the basic DUI charge and relates to a person that showed mental and physical symptoms at the time of driving or at the traffic stop that allegedly showed he or she was under the effects of alcohol and was likely impaired at the time of driving. This charge is often based on law enforcement observations of intoxication. This charge does not require a BAC result, but a conviction will still constitute a DUI conviction.

Per se Law

The DUI per se law refers to driving a motor vehicle with a specified level of alcohol and/or drugs in your blood stream or in your breath. Pennsylvania has determined that it is illegal to drive with .08% or greater alcohol to blood concentration (BAC). The legislature has deemed this amount to be the BAC at which an average person would be rendered unfit to drive safely.

Per Se Underage

In Pennsylvania, the per se BAC limit for someone under 21 years of age is .02%. This means that underage drinkers, and especially minors, can be convicted of DUI for having very little to drink.

Per Se for Commercial Drivers

In Pennsylvania, the per se BAC limit for a person with a commercial driver's license is .04%. A conviction for DUI can have serious effects on your ability to work.

Refusals

In Pennsylvania, there are implied consent laws which require a person to submit to either a blood or breath test if suspected of DUI. Refusing to submit to such a test will automatically result in a loss of your license for 12 months to 18 months, in addition to any suspension you face for the DUI.

Even if you refuse to give breath or submit to a blood test, you can still be charged and convicted of DUI. A refusal will mean that there is no chemical evidence to suggest that a person was over the legal limit. However, the prosecution can still charge you with the General Impairment DUI and present evidence such as erratic driving, demeanor, odor of alcohol in your car or on your person, the condition of your eyes (droopy, bloodshot, red, watery, glassy), and other signs to suggest that you were too impaired to drive. Also, the fact that you refused to submit to chemical testing is admissible evidence.

PENALTIES

Pennsylvania divides DUI into three tiers, based upon Blood Alcohol Content (BAC). These tiers are officially referred to as "general impairment," "high rate" and "highest rate".  The following chart breaks down and describes the penalties involved:

General Impairment penalties (Undetermined BAC, .08 to .099% BAC)

High BAC penalties (.10 to .159% BAC)

Important Note:  Drivers under the influence of controlled substances and those who refuse breath or chemical testing are subject to the highest BAC category penalties as set forth below.

Highest BAC penalties (.16% and higher) or Controlled Substance