Pennsylvania law establishes penalties for DUI offendersThe "new DUI law" in Pennsylvania lowered the legal blood alcohol content (BAC) limit to .08%. This law also established three categories for DUI offenders and changed the law dealing with repeat DUI offenders. The new .08 limit became effective September 30, 2003. The new penalties became effective in February 2004.
3 penalty categories for DUI offenses in PennsylvaniaDUI Criminal and civil penalties increase as the blood alcohol content (BAC) level of the offender increases. The categories that determine the penalties have been set at:
- DUI general impairment - a blood alcohol level of 0.08 to 0.099
- DUI high rate - a blood alcohol level of 0.10 to 0.15
- DUI highest rate - a blood alcohol level of 0.16 and above, or if the blood test was refused, or if a controlled substance is detected.
How is DUI Blood Alcohol Content (BAC) Measured?
Your BAC is usually determined by breath, blood or urine testing, which is typically performed shortly after you're stopped for suspicion of DUI. Although police officers often use various field sobriety tests once you're stopped for DUI, this type of test only measures your reflexes and abilities not your BAC. In fact, if you fail a field sobriety test, you can still be convicted of a DUI offense even if your BAC is below .08.
BAC at Time of Driving vs. BAC at the Time of Testing
It is important to realize that the DUI laws consider your blood-alcohol level AT THE TIME OF DRIVING ? not at the time of the test for alcohol in your system. There is a significant difference, and the fact that you were over the limit when tested, doesn't automatically mean you were over the limit when you were driving. I recently represented a gentleman who was arrested for DUI. At the time of his blood test, he was over the legal limit for DUI. When we went to Court however, we were able to convince the Judge that at the time of driving, my client was not over the legal limit. The DUI charge was dismissed. It is also important to understand that tests, particularly breath tests, are unreliable and susceptible to to attack by an attorney who is knowledgeable in the science of blood-alcohol analysis.
How Can I Tell If My Blood Alcohol Content Is High Enough To Get Me In Trouble?
Obviously, the only way to accurately determine your BAC is to take a breath, blood, urine, or other chemical test. However, there are some general rules of thumb that allow you to estimate what your BAC is depending on your weight and how much alcohol you have ingested. An average 170-pound man must have more than four drinks in one hour on an empty stomach to reach a .08 percent BAC. A 137-pound woman would reach .08 BAC after about three drinks in an hour on an empty stomach. Please understand, however, that these figures are rough estimates. Depending on your weight, your metabolism, how much you've eaten, and other factors, you may be legally intoxicated even if you have fewer drinks in your system than the average man or woman could legally handle. Accordingly, I urge you to never drink and drive, and don't rely on these rough estimates should you choose to drive with alcohol in your system.
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