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- New Pennsylvania DUI Laws
N E W P E N N S Y L V A N I A (PA) D U
I L A W S
Effective
February 1, 2004, Pennsylvania has substantially
re-written its laws relating to driving under the
influence or controlled substances and have issued
harsher penalties as a result. The elements of the new
PA DUI laws are:
(75 Pa.C.S.
Section 3802) (a) - General Impairment - (1) An
individual may not be in actual physical control of the
movement of a vehicle after imbibing a sufficient amount
of alcohol such that the individual is rendered
incapable of safely driving, operating or being in
actual physical control of the vehicle; (2) An
individual may not be in actual physical control of the
movement of a vehicle after imbibing a sufficient amount
of alcohol such that the alcohol concentration in the
individual's blood or breath is at least .08% but less
than .10% within two hours after the individual has
driven, operated or been in actual physical control of
the movement of the vehicle.
(75 Pa.C.S. Section 3802) (b) - High Rate of Alcohol
- An individual may not be in actual physical control of
the movement of a vehicle after imbibing a sufficient
amount of alcohol such that the alcohol concentration in
the individual's blood or breath is at least .10% but
less than .15% within two hours after the individual has
driven, operated or been in actual physical control of
the movement of the vehicle.
(75 Pa.C.S. Section 3802) (c) - Highest Rate of
Alcohol - An individual may not be in actual
physical control of the movement of a vehicle after
imbibing a sufficient amount of alcohol such that the
alcohol concentration in the individual's blood or
breath is at least .16% or higher within two hours after
the individual has driven, operated or been in actual
physical control of the movement of the vehicle.
(75 Pa.C.S. Section 3802) (d) - Controlled substances
- An individual may not be in actual physical control of
the movement of a vehicle under any of the following
circumstances: (1) there is in the individual's blood
any amount of a (i) Schedule I controlled substance, as
defined in the Controlled Substance, Drug, Devise and
Cosmetic Act or (ii) Schedule II or Schedule III
controlled substance, as defined in the Controlled
Substance, Drug, Devise and Cosmetic Act which has not
been medically prescribed for the individual or (iii)
metabolite of a substance under paragraph (i) or (ii).
(75 Pa.C.S. Section 3802) (e) - Minors - A minor
(an individual under 21 years of age) may not be in
actual physical control of the movement of a vehicle
after imbibing a sufficient amount of alcohol such that
the alcohol concentration in the individual's blood or
breath is .02% or higher within two hours after the
individual has driven, operated or been in actual
physical control of the movement of the vehicle.
Refusal of Breath, Blood or Urine Test - If you
refused to take a breath, blood or urine test after
being arrested for DUI in Pennsylvania, your license
will be suspended for a period of not less than 1 year
and a 3 days mandatory incarceration. A person should
take immediate action if chemical tests were refused.
The arresting officer must forward Notice of Refusal
(DL-26 Form), to inform Pennsylvania Department of
Transportation (PennDOT) of driver's refusal. Once
received, PennDOT forwards order to driver that licence
shall be suspended in 30 days from the date of
correspondence. Driver has 30 days from correspondence
date to appeal in a civil proceeding.
The complexity of the new DUI Laws make it necessary to
contact Mr. Kellis immediately after arrest for further
evaluation.
FOR FURTHER QUESTIONS AND REPRESENTATION PLEASE CONTACT:
Law Offices of Steven E. Kellis
Two Penn Center Plaza
1500 John F. Kennedy Boulevard
Suite 900
Philadelphia, Pennsylvania 19102
(215) 940-1200
email: steven@kellislaw.com |
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