The state of Pennsylvania, like all other states, has its own statutes and procedures when it comes to prosecuting DUI offenses. Under PA DUI laws, it is considered an offense to the law to operate any type of motorized vehicle during the period of time when an individual is considered impaired by the influence of alcohol. This can also apply to being under the influence of any other substance, including prescription medications. The general term of DUI applies to the operating a vehicle with a BAC, or Blood Alcohol Content, of 0.08% or higher. However, when the arresting officer takes the proper steps in the arrest, proof of impairment by testing is not required. The officer is permitted to provide testimony to the fact that his training allows him to determine when an individual was impaired or under the influence.
Pennsylvania and ARD
When a first offense DUI case is presented to the court in the state of Pennsylvania, and the incident did not result in any death or injury:
- The court may offer an offender that has plead guilty a chance to lessen the sentence by entering into an alcohol and drug treatment regimen in place of incarceration.
- This program is a state sponsored program called the Accelerated Rehabilitative Disposition, and when offered, it is usually in the defendant’s best interest to accept.
- Declining this offer often shows the court an element of contempt for their mercy, so it could end up affecting the defendant’s sentence detrimentally.
Implied Consent
The implied consent law in Pennsylvania states that anyone who is under suspicion of DUI and refuses to take any test requested by the arresting officer automatically gives consent for arrest and, upon refusal, is subject to an additional license suspension of up to 1 year on top of the suspension granted by the DUI conviction itself.
Getting Help
Any individual who is charged with a DUI in the state of Pennsylvania is entitled to the right to be represented in any proceedings by a criminal lawyer of their choosing. The state does have the ability to provide a Public Defender for those defendants who cannot afford a criminal lawyer, however the defendant does also retain the right to represent himself in court as well. The decision in matters of representation is always left up to the defendant, but the court will always recommend an individual be represented before proceeding.
