PA DUI Law
“BAC” is short for Blood Alcohol Content, which is the standard measurement of how much alcohol is in your blood at any given time in PA DUI Law. A BAC of .10 percent means that an individual’s blood supply contains one part alcohol for every 1,000 parts blood.
Pennsylvania’s DUI Law states the Blood Alcohol Content (BAC) limit is:
- 0.08% for general motorists
- 0.04% for commercial drivers
- 0.02% for drivers under age 21
Penalties increase based on your BAC levels, the number of times you’ve been convicted, and whether or not injuries and damages resulted from your DUI.
Implied Consent means you gave implied permission to submit to a test of your blood alcohol level, and it does not require direct, express, or explicit words of agreement.
Refusal to submit to chemical testing, whether by breath, urine or blood will result in the suspension of a driver’s license for 12 months in Pennsylvania whether you are convicted of a DUI or not. It is the officer’s duty to make you aware of the license suspension if you refuse the test.
In Pennsylvania, the Commonwealth may show:
- the BAC at the time of driving, OR
- the BAC during the following two hours.
This two-hour rule defines the BAC-related offenses in PA DUI Law. They need not prove the offender’s BAC at the time of driving.
The Commonwealth must prove that as a result of drinking before driving, the defendant’s Blood Alcohol Content exceeded the legal limit within two hours of driving. Thus, the offender was “driving after imbibing,” though not necessarily “driving under the influence.”
An ignition interlock device (IID) is similar to a Breathalyzer and is connected to the vehicle dashboard or other location inside the vehicle and requires that the driver breathe into the device prior to starting the vehicle. If the IID detects the blood alcohol concentration of the driver to be above the programmed limit in the ignition interlock device, then the engine of the vehicle will not start. In addition, at periodic times during the operation of the vehicle, the driver will be prompted to blow into the device to ensure they are not under the influence.
How an Ignition Interlock Device Works
The ignition interlock device is installed in the vehicle (typically in the glove compartment on the passenger’s side). It is then hard wired to the engine’s ignition system.
When you are ready to drive the vehicle, you will have to blow approximately 1.5 liters of air into a handheld alcohol sensor unit. This unit is normally located on the vehicle’s dashboard. If your breath alcohol content is over a preset limit, the device will not allow the car to start.
The ignition interlock devices contain a computer chip that records your BAC content when you take the breath tests. If your BAC is over a certain limit, either when trying to start the car or during one of the rolling tests, this report can be downloaded and provided to law enforcement or the court. The reports will also note if the device has been tampered with.
Monthly maintenance is performed on the ignition interlock device. This consists of downloading data logs from tests and checking to see if it was tampered with. All pass/fail results must be maintained. The data logs will also show whether the driver failed to submit to a random or rolling test.
PA DUI Law Penalties
FIRST OFFENSE:
SECOND OFFENSE:
THIRD OFFENSE:
FIRST OFFENSE:
SECOND OFFENSE:
THIRD OFFENSE:
FIRST OFFENSE:
SECOND OFFENSE:
THIRD OFFENSE:
License Suspensions
PA DUI Law states Driver’s License suspensions will be imposed as follows:
BAC below .10% and Incapable of Safe Driving:
BAC greater than or equal to .16%:
BAC greater than or equal to .10% and less than .16%:
Out-of-State DUI Convictions:
If you have been charged with DUI, call Keith J. Williams Law today at 215-340-1134 for an aggressive, strategic, and affordable defense!
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