Answers to Common Questions About DUI/DAI

Although it may have many names, including driving under the influence (DUI), Driving After Imbibing (DAI), Driving While Intoxicated (DWI) drunk driving, and drunken driving, operating a car after using or while using alcohol or drugs is a serious matter. As the name varies, so do the laws in each state concerning DUI/DWI (which is how it will be referred to in this application). However, there is one constant: it can cause serious injuries or death, and it is against the law. Following are answers to some common questions that arise in DUI/DWI situations in Pennsylvania.

How serious is DUI/DWI?

DUI/DWI is a serious problem. Hundreds of Pennsylvanians are killed each year in DUI/DWI accidents. Although many of those accidents result in the death of the intoxicated party, a significant and unfortunate number involve the death of “innocent” parties who were in the wrong place at a time when someone chose to drive a car while impaired. DUI/DWI is dangerous for those individuals who chose to operate a car under the influence, and for those individuals whom they injure or kill. In addition to the severe physical injuries that may result in a DUI/DWI accident, there are also serious emotional and mental scars that may never fully heal for both the offenders and their victims.

WHAT DUI CAN AFFECT

• Privilege to Go Hunting
• Buying of Firearms
• Carrying of Firearms
• Traveling out of the Country including Canada and Other Foreign Countries
• Automobile Rentals
• Car Insurance
• Privilege to Drive
• Criminal Record
• Career / Employment
• Professional License
• ATV/Boat Operation

Is it “safer” to drink beer, wine or hard liquor in excess?

None of them. Different types of drinks contain different concentrations of alcohol, or what may be called “proofs.” The proof rating is two times the alcohol concentration. Therefore, a 200 proof liquor has a 100 percent alcohol concentration. Most hard liquors have a higher alcohol concentration than most wines, and most wines have a higher alcohol concentration than most beers, meaning that it may take “less” hard liquor and wine to become intoxicated. However, the alcohol concentration of a drink is not everything. You also have to consider the size of the drink that you are having. Therefore, a shot glass of hard liquor, which is usually only about 1-1/2 ounces of alcohol, may end up having the same effect as one five-ounce glass of wine or one twelve-ounce beer.

Drinking any alcoholic beverage to excess is never a good idea. Not only may you seriously injure yourself or others if you decide to operate a car after drinking excessively, but you may also suffer other physical injuries whether or not you decide to operate a motor vehicle. Excessive alcohol consumption over a long period of time can cause damage to the kidneys, liver, heart, and brain. Excessive use of alcohol within a short period of time can also lead to death.

What is a blood alcohol content?

A blood alcohol content (BAC) or blood alcohol level (BAL) is a measure of how much ethanol is in your system. The ethanol level in your blood is a byproduct of the broken down alcohol that you consumed. BAC and BAL are measured in a scientific manner that calculates the ratio of ethanol to blood within your system. Therefore, if you have a BAC of .15, that really means that you have .15 grams of ethanol per 100 millimeters of blood in your system. In Pennsylvania, if your BAC or BAL is above .08, and you are operating a car or other vehicle (including some dangerous machinery), you have broken the law.

• You may still be charged with DUI/DWI even if your BAC or BAL is under .08

Do I have to take a breath analyzer test?

A breath analyzer test measures a persons BAC or BAL. The amount of ethanol that is in your system is the same as the amount of ethanol that is “on” your breath when you exhale and inhale. As a result, police are able to test your BAC or BAL by having you breathe into a breath analyzer. Whether you are required to take the test depends on the law in the state you are in at the time. Under Pennsylvania law, if you refuse to submit to a breath analyzer test or other similar test for measuring your BAC or BAL, such as a blood test, your license will automatically be suspended for a minimum of one year. If you are later found to have not been intoxicated or impaired, your license may still be suspended as a result of your failure to cooperate.

Can I be charged with DUI/DWI for driving after taking drugs?

Yes. If you operate a car under the influence of drugs such as heroin, cocaine, marijuana, or any other illegal substance, you can be charged with a crime. In addition, it is not only illegal drugs that can get you into trouble. Many prescription medications and some over-the-counter medications carry with them specific warnings that they may impair abilities and should not be used while operating any dangerous equipment, including motor vehicles. Check the labels on all medications carefully. Don get behind the wheel if you are taking any medications that are incompatible with safe driving.

What will happen if I have more than one DUI/DWI conviction?

What will happen to you depends upon what state you are in. In Pennslyvania, there is a “step-up” method for handling multiple DUI/DWI convictions for the same person. In Pennsylvania, a person will be required to pay a fine and perhaps serve a minimum term of imprisonment for a first conviction in addition to having their license suspended. For a second offense, some states may increase the fines and imprisonment or term of suspension. Additional offenses may result in revocation of a license, incarceration and the loss of driving privileges for life. In addition, a judge will order that the offender participate in an alcohol or drug treatment and education program. Of course, if you seriously injure or kill another person while operating under the influence, you may face additional charges and civil lawsuits. See PA DUI Penalties for more information.

Are “alternative” penalties okay for DUI/DWI?

In many cases “alternative” penalties are allowed in DUI/DWI cases. A judge hearing your case may have discretion in deciding how you should be punished. In situations where you have seriously injured or killed another person, the judge may not have such discretion, but in first time offenses, or in less serious matters, the District Attorney may be willing to put you into the Accerelated Rehabilitative Disposition program (ARD) where you will have a shorter period of license suspension (30-60 days vs. 1-2 years) and your record can be expunged (erased from the criminal records).

Should I get an attorney if I have been charged with DUI/DWI?

In Pennsylvania, you are required to have an attorney, and it is a good idea to retain one as soon as possible if you have been placed under arrest or charged with DUI/DWI, since these laws are strictly enforced. If you are faced with a DUI/DWI charge, a good Philadelphia DUI  attorney may be your only hope for avoiding or reducing any penalties or imprisonment you may face.

WARNING! 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 3 days mandatory incarceration. A person should take immediate action if a chemical test was refused. Contact Attorney Mitchell immediately for proper evaluation of your case.

The arresting officer must forward Notice of Refusal (DL-26 Form), to inform Pennsylvania Department of Transportation of operator’s refusal. Once received, PennDOT forwards order to operator that license shall be suspended, (30) days from date of correspondence. Operator has this time parameter, (30 days from correspondence date), to appeal to civil proceeding.

Pennsylvania has taken the position that a person’s Blood Alcohol Level (BAC) and the number of times the person has committed a DUI will dictate what punishment they will receive.

As of February 2, 2004 there are three categories a person will fall into based on the level of the alcohol in their system. There is

a) .08%-.099%

b) .10% – .159%

c) .16% and higher

Included in this category are refusal to submit to a test. All of the categories require a Court Reporting Network (CRN) evaluation; the first and second offenders require Alcohol Highway Safety. (AHSS). BAC .16 or higher and all subsequent offenses require a mandatory Drug and Alcohol (D&A) assessment and treatment. All second and subsequent offense requires the installation of an Ignition Interlock System.

FIRST OFFENSE (NO PRIOR PA DUI OFFENSES WITHIN THE LAST 10 YEARS)

BAC is .08% to .099%. This is an ungraded misdemeanor with a 6 month maximum probation and a $300.00 fine. Required CRN, AHSS and possible D&A. There is no loss of license and no jail time with this particular category.

BAC is .10% to .159%. This is an ungraded misdemeanor with a mandatory 48 hour imprisonment up to a possible 6 months and a $500.00 to $5,000.00 fine. Required CRN, AHSS and possible D&A. The license suspension is 12 months. However there is a possibility to get an Occupational Limited License (OLL) after serving a hard 2 month suspension.

BAC is .16% or higher or refusal to give a blood or breath sample. This is ungraded misdemeanor with a mandatory 72 hour imprisonment up to a possible 6 months and a $1,000.00 to $5,000.00 fine. Required CRN, AHSS and mandatory full D&A. The license suspension is 12 months. Also possibility for OLL after serving hard 2 months suspension.

SECOND OFFENSE

BAC is .08% to .099%. This is an ungraded misdemeanor with a mandatory 5 days imprisonment 6 month maximum jail sentence and a $300.00 to $2,500.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

BAC is .10% to .159%. This is ungraded misdemeanor with a mandatory 30 days imprisonment 6 month maximum jail sentence and a $750.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

BAC is .16% or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 90 days imprisonment 5 year maximum jail sentence and a $ 1,500.00 to $10,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

THIRD OFFENSE

BAC is .08% to .099%. This is graded as misdemeanor of the Second Degree with a mandatory 10 days imprisonment 2 year maximum jail sentence and a $500.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .10% to .159%. This is graded as a misdemeanor of the First Degree with a mandatory 90 days imprisonment 5 year maximum jail sentence and a $1,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .16% or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $ 2,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

FOURTH OFFENSE

BAC is .08% to .099%. This is graded as misdemeanor of the Second Degree with a mandatory 10 days imprisonment 2 year maximum jail sentence and a $500.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .10% to .159%. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $1,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .16% or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $ 2,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.