Many Pennsylvania residents arrested for DUI become confused when they see they are charged with two DUI offenses at the same time. However, unfortunately, Pennsylvania law allows drivers to be charged with two counts of DUI simultaneously, and different DUI charges stand independent of each other. In the event that you are found guilty of both counts, the penalties or consequences you face will be subject to both counts. The district attorney’s office may charge an individual with multiple DUI offenses to ensure comprehensive legal coverage based on the specific clauses of the law.
If you are facing DUI charges in Pennsylvania, it’s essential to seek legal counsel from a skilled DUI attorney. An experienced lawyer can look at all the factors surrounding your case and determine the best strategy for minimizing the penalties you might face. Here is some important information to know about DUI laws in Pennsylvania.
Understanding DUI Laws
DUI laws can vary significantly from state to state, but many share common principles and penalties for driving under the influence. In Pennsylvania, DUI laws are outlined in the Pennsylvania Vehicle Code, which defines DUI as operating a vehicle while impaired by alcohol or a controlled substance. The law specifies two primary types of DUI charges: “per se” and “incapable of safely operating.”
A “per se” DUI charge is straightforward—it’s based on a driver’s blood alcohol content (BAC) being above a certain threshold, typically 0.08%. If your BAC is above this limit, you can be charged with DUI regardless of whether you show any signs of impairment. On the other hand, an “incapable of safely operating” charge is based on your ability to drive safely, regardless of your BAC. This means that even if your BAC is below 0.08%, you can still be charged with DUI if you exhibit signs of impairment, such as slurred speech or erratic driving.
Pennsylvania law also imposes enhanced penalties for certain DUI offenses. For instance, driving with a BAC of 0.16% or higher, or driving under the influence of a controlled substance, can result in more severe consequences. Additionally, the law mandates that drivers suspected of DUI must submit to a chemical blood alcohol test. Refusing to take this test can lead to an automatic license suspension, adding another layer of penalties to the DUI charge.
Understanding these laws is crucial for anyone facing DUI charges in Pennsylvania. The penalties can include fines, license suspension, and even jail time, depending on the specifics of the offense. If you find yourself in this situation, consulting with an experienced DUI attorney can help you navigate the complexities of Pennsylvania law and protect your rights.
How DUI Laws Work in Pennsylvania
Most drivers choose not to refuse a chemical blood-alcohol test (BAC), as the penalty for refusal is an automatic license suspension. Therefore, the large majority of DUI cases involve physical evidence from a breathalyzer or chemical BAC test. However, some drivers do choose to refuse chemical tests, and there are certain scenarios in which a police officer may forgo chemically testing a driver suspected of a DUI. In instances where physical evidence is lacking, legal action can still be pursued. Under Pennsylvania’s impairment laws, the district attorney can still use field sobriety tests and police officer observations to assert probable cause and the associated charges.
In Pennsylvania, there are two routes to a DUI/DWI conviction. The state’s “per se” DUI laws assert that if the government can prove you were operating a vehicle and your BAC within two hours of operation was above .08, you are considered to be driving under the influence simply by virtue of the chemical blood test results alone. In addition to Pennsylvania’s per se laws, the district attorney’s office can also pursue a conviction by establishing beyond a reasonable doubt that you were operating a vehicle while under the influence of drugs or alcohol. Since there are two laws that make driving under the influence a crime, you may be charged with two counts of DUI. However, you will only receive one conviction.
Pennsylvania’s Three-Tier DUI System Explained
If you are facing DUI charges in Pennsylvania, the penalties you may face depend on your criminal history and BAC. The state uses a three-tier system to assign DUI penalties. The first tier encompasses drivers who had a BAC between 0.08-0.99 percent. If you fall in this category, you will likely have to pay a fine of up to $300 and enroll in substance abuse classes. If your BAC falls into this range but it is your second offense, the penalties can include a fine of up to $2,500, a jail sentence of up to six months, and a one-year license suspension.
The state’s second tier applies to drivers whose BAC was between 0.10-0.159 at the time of arrest. In this tier, first-time offenders can expect six months parole, a one-year license suspension and a fine of up to $5,000. Second-time offenders in this tier may receive a jail sentence up to six months, a fine of up to $5,000 and a one-year license suspension.
The state’s third tier includes drivers whose BAC was 0.16 or higher and, unsurprisingly, carries the harshest penalties. First-time offenders in this tier can expect a jail sentence of up to six months and a fine of up to $5,000. Second-time offenders can face up to five years in jail time, mandatory substance abuse school, the implementation of an ignition interlock device on their car, and a minimum $1,500 fine.
These are some of the penalties you may face from a DUI, depending on the tier your situation falls under. It is important to note that third-time offenders are likely to face harsher penalties than those outlined in these tiers.
Circumstances Leading to Multiple DUI Charges
Facing multiple DUI charges can be bewildering, but several scenarios can lead to this situation. One common instance is when a driver is charged with both “per se” and “incapable of safely operating” DUI offenses. This can happen if your BAC is above 0.08%, but you also display signs of impairment, such as slurred speech or erratic driving. In such cases, the district attorney’s office may pursue both charges to strengthen their case.
Another scenario that can result in multiple DUI charges is being involved in an accident while under the influence. If you cause an accident, you might face additional charges like reckless endangerment or other related criminal charges on top of the DUI. This can significantly increase the penalties you face, including higher fines, longer license suspension, and extended jail time.
Prior DUI convictions can also lead to multiple charges if you are arrested for DUI again. Repeat offenders often face enhanced penalties, and if you were driving under suspension due to a previous DUI, you could be charged with additional offenses. This can complicate your case and result in more severe consequences.
Moreover, if you are suspected of driving under the influence of multiple substances, such as alcohol and a controlled substance, you could face separate charges for each. This means you might be dealing with multiple counts of DUI, each carrying its own set of penalties.
Overall, multiple DUI charges can lead to serious legal repercussions. If you find yourself in this situation, it’s crucial to seek legal counsel from an experienced DUI attorney. They can help you understand the charges against you, navigate the legal system, and work towards minimizing the penalties you face. Remember, a free consultation with a skilled attorney can provide valuable insights into your case and help you make informed decisions.
Work With an Experienced Southeastern Pennsylvania DUI Attorney Today
At Rubin, Glickman, Steinberg & Gifford, our DUI attorneys are committed to helping minimize the penalties associated with a DUI arrest. Our skilled team of criminal defense attorneys has successfully defended countless clients in DUI cases, and in many instances, we’ve had the charges completely dropped. We understand how difficult a DUI charge can be, which is why we are committed to fighting for your rights. For over 65 years, our criminal defense attorneys have advocated for our client’s best interests in Montgomery County and throughout Southeastern Pennsylvania.
To schedule a free case review with a skilled personal injury lawyer, complete a contact form or call today at 215-822-7575.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
November 6, 2024
