Pennsylvania law prohibits individuals from driving, operating, or being in actual control of a motor vehicle on any roadway in the Commonwealth if that person is under the influence of controlled substances or a combination of controlled substances and alcohol. The penalties for these types of offenses are based on what controlled substance is in the person’s blood and in what amount.
Schedule 1 Controlled Substances: If an individual has ANY amount of a Schedule 1 Controlled Substance (such as heroin) that person is guilty of DUI.
Schedule 2 Controlled Substances: If an individual has ANY amount of a Schedule II Controlled Substance (such as cocaine) that person is guilty of DUI.
For marijuana, the Commonwealth must show that the person operating the vehicle has a nanogram per milliliter of marijuana or a metabolite of in his blood within two hours of operating the motor vehicle.
If the blood taken from the defendant indicates any of the levels mentioned, he can be guilty of DUI for a controlled substance. Because DUIs involve a number of motions which the defendant can file, it is important to contact an experience attorney immediately.