McMahon, Lentz & Thompson – Driving Under the Influence (DUI)
There is no question that Driving Under the Influence (DUI) in Pennsylvania is a serious violation of the Pennsylvania Vehicle Code with potentially severe criminal penalties and a license suspension.
Pennsylvania DUI laws prohibit driving or being in “actual physical control” of a vehicle while under the influence of alcohol that renders him/her incapable of safe driving, or with any amount of an illegal drug, like marijuana, in his or her system.
A person who violates the PA DUI law is guilty of a misdemeanor for a first offense. Subsequent DUI offenses are treated more severely, and a third DUI may, in some instances, be a felony of the third degree.
Pennsylvania DUI – Drugs
In Pennsylvania, a person is guilty of DUI if there is any amount of an illegal drug detected in his or her system. That means a person who last used marijuana one week ago, may be guilty of a DUI today based solely on the lingering presence of THC in his or her blood. And it gets worse.
Under the above scenario, the person would be charged with the highest tier (most severe) DUI and subject to the same penalties that apply to a person who had a blood alcohol content (BAC) level of .16% or higher. Under PA DUI laws, all offenses which involve drugs are subject to the most severe DUI penalties.
Pennsylvania DUI – Alcohol
PA DUI law deems drivers under the influence of alcohol if the person is rendered “incapable of safely driving” as a result of alcohol consumption, or if the person has a blood alcohol content (BAC) level above a .08.
Unlike drug related DUIs, alcohol offenses are divided into three tiers based upon their severity as determined by the person’s BAC. These tiers are as follows:
Tier 1: General Impairment – Incapable of Safely Driving (no BAC); or BAC greater than .08%, but less than .10%.
Tier 2: BAC greater than .08%, but less than .10%.
Tier 3: BAC .16% or higher.
Pennsylvania Accelerated Disposition Program
An individual charged with a first-offense DUI may be eligible for the A.R.D. Program which is requested by your criminal defense attorney through a formal application at or after the preliminary hearing stage. This program is an excellent alternative outcome for persons charged with “Driving While Imbibing” for the following reasons:
1) no jail time
2) no criminal conviction, and
3) minimal license suspension
3) expungement of record
There are certain prerequisites for admissibility into the A.R.D. Program which generally must be met in order for a person accused of DUI to take advantage of the A.R.D. program.
These prerequisites include:
1) no accident involving serious injuries
2) no prior criminal convictions
3) no prior A.R.D. dispositions within ten years
4) no aggravating circumstances in defendant’s interaction with the police
A great advantage of the A.R.D. Program is that the Driving Under the Influence arrest and all police and court records related may be ordered by the Court to be expunged and destroyed upon the filing by defense counsel and Court’s granting of a Motion to Expunge.
In summary, statistically the vast majority of persons arrested by the police in the Commonwealth of Pennsylvania are arrested for the offense of Driving Under the Influence. Based on the serious penalties for this offense and license suspension, anyone charged with Driving After Imbibing should retain experienced and aggressive legal counsel.
The track record of McMahon, Lentz & Thompson in representing clients charged with this serious offense speaks for itself, whether in vigorously defending the client in a jury trial or negotiating an A.R.D. disposition or other favorable resolution.
See our DUI Attorney track record >>
(Twelve recent decisions, Not-Guilty)
The information contained herein should not be used as a substitute for personal legal advice. You should contact the Law Offices of McMahon, Lentz & Thompson to schedule a Consultation with an attorney who will speak to you regarding your specific situation.