DUI Defense

Anyone who charged with Driving Under the Influence of Alcohol or Controlled Substances (DUI) in Pennsylvania faces stiff penalties, including loss of driving privileges and potential jail time. Like all crimes and offenses, the Commonwealth of Pennsylvania bears the burden of proving that you violated the law in order to obtain a conviction. If the Commonwealth of Pennsylvania charges you with DUI, it is important to seek out an experienced DUI lawyer as soon as possible.

 

Pennsylvania DUI Law

Violators of the DUI law are charged with violating 75 P.S. § 3802 which is a statute titled “Driving Under the Influence of Alcohol or Controlled Substance”. Arresting officers will also indicate the applicable subsection of the law based on your blood alcohol concentration.

3802(a) – General Impairment: this subsection generally prohibits anyone from driving, operating, or being in actual physical control of a vehicle after drinking alcohol such that a person is incapable of safely driving or operating the vehicle. This section also applies when a person’s blood alcohol concentration is at least 0.08% but less than 0.10% within two hours after the individual drove or operated a vehicle.

3802(b) – High Rate of Alcohol: this subsection prohibits anyone from driving, operating, or being in actual physical control of a vehicle when the individual’s blood alcohol concentration is at least 0.10% but less than 0.16% within two hours of driving or operating a vehicle.

3802(c) – Highest Rate of Alcohol: this subsection prohibits anyone from driving, operating, or being in actual physical control of a vehicle when the individual’s blood alcohol concentration is 0.16% or higher within two hours of driving or operating a vehicle.

3802(d) – Controlled Substances: Prohibits an individual from driving, operating or being in actual physical control of a vehicle if the individual’s blood shows any amount of a prohibited controlled substance.

The statute also has specific sections dealing with minors and operating commercial vehicles and school buses.

 

More DUI Law Information

 

The Martin Law Firm, P.C. | DUI Defense

The DUI lawyers at The Martin Law Firm, P.C. will evaluate your case to assess whether there are any valid DUI defenses. We will discuss our findings with you and help you decide how to achieve the best possible outcome. Know your rights. Contact us today at 215-646-3980.