Pennsylvania Law: DUI Vs. DWI
Under Pennsylvania law, driving under the influence (DUI) and driving while intoxicated (DWI) entail the operation of a motor vehicle while impaired by alcohol or illegal drugs. In Pennsylvania, the actual phrase used to describe this offense is "driving after imbibing" (DAI). Regardless of the acronym, DUI/DWI represents a serious offense; even first-time violators may face jail time and a loss of driving privileges.
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Features
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Like the other states, Pennsylvania has two levels of statutory offenses related to driving a motor vehicle under the influence of alcohol. The first level is where a law enforcement officer bases an arrest on upon her observance of the driver, including erratic driving, slurred speech or failed field sobriety tests. The second offense, used by all states since 2002 and called "illegal per se," refers to a blood-alcohol content (BAC) of 0.08 percent or higher. In this case, the individual fails a urine, blood or breath test, which under the law indicates an alcohol-impaired person.
Significance
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An arrest for DUI/DWI in Pennsylvania means the person has two legal issues to address immediately. One entails the civil issue of a possible driver's license suspension. The individual must request a hearing with the Pennsylvania Department of Transportation within 30 days to contest the driver's license suspension. Failure to do so will result in the suspension of driving privileges for one year. The other situation involves the criminal case, which the prosecutor may pursue in one of two ways.
The state may try the individual as a DUI/DWI offender based on the "under the influence" concept. This approach depends on the arresting officer's observation of the individual's driving behavior, field sobriety tests and other circumstantial evidence. The other prosecutor's option involves a reliance on the results of the urine, breath or blood test to demonstrate the individual operated a motor vehicle while a BAC of 0.08 percent or higher in violation of the per se law. The prosecutor does have to prove the alcohol made the defendant drunk or dangerous, just that he has a BAC over the limit.
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Implied Consent
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When drivers obtain a Pennsylvania license, they give their "implied consent" to take a blood, breath or urine test if stopped by law enforcement under the suspicion of DUI /DWI. Refusal to submit to testing carries a mandatory driver's license suspension of six months to a year.
Consequences
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Individuals convicted of DUI/DWI in Pennsylvania may face a wide range of penalties, including probation, jail time, mandatory DUI classes and a criminal record. A conviction may also affect choices in the driver's personal life, such as housing, obtaining educational loans and employment and career opportunities.
For example, first-time offenders convicted of having a BAC between 0.08 and 0.10 percent face a fine of $300 and may receive six months' probation. A BAC of more than 0.10 percent but lower than 0.16 percent carries a mandatory 48-hour jail sentence, a fine between $500 to $5,000 and a one-year license suspension. A BAC of more than 0.16 percent means 72 hours in jail, a $1,000 to $5,000 fine and one-year license suspension. Multiple DUI/DWI offenders receive significantly enhanced penalties.
Expert Insight
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According to the Pennsylvania and New Jersey criminal law firm of Hark and Hark, first-time DUI/WI offenders without a criminal record may qualify for a program called Accelerated Rehabilitation Disposition (ARD), geared toward first-time offenders. Drivers should contact an experience DUI attorney program who can guide them through the process and determine whether they can participate in the program.
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References
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