The National Trial Lawyers | Top 100 Trial Lawyers AVVO Rating 10.0 Superb | Top Attorney Criminal Defense 10 Best 2014-2016 | 3 Years | Client Satisfaction | American Institute of Criminal Law Attorneys WHO'S WHO | Top Professional | Certified 2017 top 100 lawyer ASLA 10 best 2016 client satisfaction| American Institute of personal injury Attorneys
The Kelly Law Firm Law Offices of Kelly & Conte
Call Anytime - Day or Night
610-314-7066 610-314-7066
The National Trial Lawyers | Top 100 Trial Lawyers
AVVO Rating 10.0 Superb | Top Attorney Criminal Defense
Nation's Premier | NACDA | Top Ten Ranking 2014
10 Best 2014 | Client Satisfaction Award | American Institute of Criminal Law Attorneys

Overview of DUI law

One  of  the  main  crimes  under  the  Vehicle  Code  is Driving Under the
 Influence
 of  Alcohol  or Controlled Substance (DUI). 75 Pa.C.S.A. § 3802.
In  2003,  Pennsylvania  lowered  its threshold blood alcohol concentration
(BAC)  from  0.10%  to  0.08%.   See  former  75  Pa.C.S.A. § 3731(a)(4)(i)
(relating   to  driving  under  the  influence  of  alcohol  or  controlled
substance).   The  current  DUI  law provides that a person "may not drive,
operate or be in actual physical control of the movement of a vehicle after
imbibing  a  sufficient  amount  of  alcohol  such  that  the individual is
rendered incapable of safely driving, operating or being in actual physical
control  of  the  movement  of  the  vehicle."   75  Pa.C.S.A.  §  3802(a).
Pennsylvania   adopted  a  three-tiered  approach  to  alcohol-related  DUI
offenses  based  upon  the alcohol concentration in an offender's breath or
blood.   The  BAC  levels do not relate to the time of driving, but instead
relate  to  the  BAC level at the time of testing, which must be within two
hours of driving.
Pennsylvania's three-tiered approach is as follows: (1) General impairment:
0.08%  to 0.099%; (2) High BAC: 0.10% to 0.159%; and (3) Highest BAC: 0.16%
and  up.   75 Pa.C.S.A. § 3802(a)(b)(c). Further, this DUI law provides the
following BAC levels for: (1) commercial drivers, a BAC of .04%; (2) school
bus drivers, a BAC of .02%; and (3) minors, a BAC of .02%.  The lowest tier
"general impaired" also includes circumstances where the offender's alcohol
concentration  is  not  known  but  the  offender  has imbibed a sufficient
quantity  of  alcohol  so  as  to be rendered incapable of safe driving. An
individual  who  has  either  a  controlled  substance  in his blood or who
refuses  to  provide  a  blood or breath sample faces the same penalty as a
third tier "highest BAC."  75 Pa.C.S.A. § 3804(c).
Penalties  range  from  probation,  house  arrest  and incarceration.  In
addition,  a  person convicted of DUI might be required to attend a highway
safety  school program, and pay fines and court costs.  The severity of the
penalties  increases  with  the  higher the BAC level, and with the overall
number of total DUIs convictions for that individual.  For example, a first
offense  general  impairment  DUI  carries the possibility of six months of
probation  with  a $300 fine; whereas a fourth or subsequent DUI conviction
can  result  in  a term of imprisonment of one year and possibly up to five
years of incarceration and a fine ranging from $1,500 up to $10,000.  Being
convicted of DUI can also affect an individual's life in a variety of ways,
such  as: loss of employment, the inability to be employed for certain jobs
in the future, higher insurance rates,  license suspension, and having that
conviction on your driving records for years, or possibly-forever.

No Comments

Leave a comment
Comment Information

Why We Succeed

Preparation.

We prepare every case as if it is going to trial. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel.

See what our clients are saying...

Experience.

For more than 15 years, people throughout Chester County and the surrounding area have turned to Law Offices of Kelly & Conte for sound legal advice and aggressive representation.

Learn more about our team...

Commitment.

We will not accept a deal simply for the sake of closing your case. We care about your future, and we pursue every available option in an effort to secure the best possible outcome.

View our case results...
Schedule a Case Evaluation

Schedule a Free Case Evaluation

Bold labels are required.

Please note that First AND/OR Last Name, and Email AND/OR Phone are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Law Offices of Kelly & Conte
213 W Miner Street #3
West Chester, PA 19382

Phone: 610-314-7066
Fax: 610-436-0628
West Chester Law Office Map

Review Us
Back to Top