A driving under the influence (DUI) charge consists of various components that police use to determine an arrest and prosecutor’s use to file charges. These same components are what attorneys specializing in DUI cases use to challenge an arrest or prosecution.
In the past decade, most states have toughened their DUI laws by adding stiffer penalties. The state of Pennsylvania, for instance, has a multi-tiered system based on such variables as a driver’s criminal history and blood alcohol concentration, which is the basic component of PA DUI laws and charges.
Blood Alcohol Concentration
Blood alcohol concentration (BAC), is the percentage of alcohol in a driver’s blood. A driver’s BAC level is the basis from which a DUI offense begins.
Currently, all 50 states have a BAC limit for DUI of 0.08 percent. According to the Centers for Disease Control, a person driving with a BAC of 0.08 percent has difficulty concentrating, controlling speed, and a reduced capability of processing information.
Pennsylvania is unique in that it has a three-tiered system based on a driver’s BAC that determines a defendant’s penalties for misdemeanor DUI. Each tier – General Impairment, High BAC, and Highest BAC– carries various penalties depending on whether this is a driver’s first, second, third or fourth DUI offense.
Most states do not have a highly structured system as Pennsylvania. Florida, for instance, determines a DUI based on whether a driver’s BAC is .08 percent or higher.
Determining BAC Levels
Although police officers may suspect that a driver is drunk, they have to prove their suspicions. To do that, an officer will ask a driver to take field sobriety tests or a test using a breathalyzer, a device that measures the amount of alcohol in a driver’s lungs.
Alcohol flows through a person’s blood stream which means it goes throughout the body, including the lungs. So, breathing into the device can measure the alcohol content in the lungs.
Breathalyzers are used on suspected DUI traffic stops. However, in cases of vehicle crashes resulting in injuries or death, police may order a chemical test or a driver’s blood may be drawn to more accurately test the BAC.
Refusing a BAC Test
Pennsylvania has an “implied consent law,” meaning that drivers do have to verbally consent to a BAC test. Drivers have a right to refuse to take a test, but it might not be in their best interest to do so. Drivers in Pennsylvania who refuse to take a chemical test or a breath test could have their driver’s license suspended for one year and be considered guilty of a DUI.
The implied guilt will be used against the driver in later court hearings. Pennsylvania has a harsher penalty for refusing to take a test, compared to other states. Michigan, for instance, automatically suspends a driver’s license for one year and imposes a fine, but does not automatically imply guilt.
There are other components to a DUI charge, including a driver’s previous DUI offenses, driver’s license suspensions, and mental health.
It’s incumbent upon DUI attorneys to examine every aspect of a DUI charge. Whether it’s requesting an independent lab test or challenging a police officer’s actions, DUI attorneys must do whatever they can to protect their clients’ rights throughout the DUI process.
Jamica Bell is a freelance writer and blogger. She contributes this article to highlight the importance of knowing the slight variations in state DUI laws. PA DUI laws and their complexities are the main focus of the law offices of Steve E. Kellis. His trial experience and vast knowledge has allowed him to effectively defend and educate his clients regarding the subtle differences in Pennsylvania DUI law verses other states.
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