DUI Rules & Regulations

MAY 26, 2016

If you’ve ever considered getting behind the wheel after a few drinks, here’s something you need to know: Pennsylvania has been rolling out major changes to how it handles DUI penalties. The team at Logue Law Group keeps a close eye on these developments, and the picture isn’t looking good for anyone who chooses to drink and drive. Here’s a detail that surprises many people—even prescription medications, taken exactly as your doctor instructed, can land you with a DUI charge.

October 3, 2017

Starting August 2017, Pennsylvania rolled out important updates to its DUI laws, and first-time offenders were front and center. Under the new rules, anyone facing their first DUI offense has to install a special device in their car. This device checks for Blood Alcohol Content (BAC) before it lets the engine start. The offender pays for this ignition interlock device, which tests the driver’s breath and only allows the vehicle to start when the BAC sits below the legal limit of .08%. The system also gives drivers more than one shot at getting it right. If the BAC reads too high on the first attempt, the ignition interlock locks up for five minutes. A second failed attempt bumps that lockout up to thirty minutes. If you’re unsure how these rules apply to your situation, a Clarion DUI lawyer can walk you through the specifics.

Beyond installing the device, first-time DUI offenders can still drive to work, as long as they hold an ignition interlock license. The device has to stay in their vehicle for a full year. PennDOT-approved mechanics handle the installation of the ignition interlock, and it runs roughly $100 per year.

In the past, a first-time DUI conviction came with an automatic year-long driver’s license suspension. The new law changes that. People who refuse a blood-alcohol test during their first offense can install the interlock device and earn back their driving privileges after just a six-month license suspension, no matter how long the original suspension would have been. Before this change, refusing the test led to a suspension lasting anywhere from one to 18 months. An experienced Clarion traffic ticket attorney can help you understand how these timelines might affect your case.

To stop anyone from gaming the system, the device now runs random tests while the car is moving and the driver is behind the wheel. This “rolling re-test” keeps the whole process honest.

Years ago, ignition interlock devices were only required for repeat DUI offenders. But thanks to the recent shifts in Pennsylvania’s DUI legislation, first-time offenders now have to install these devices too.

So what pushed this change through? A big factor was the sheer number of people who lost job security because of suspended licenses. Many offenders lost their jobs or had their hours cut simply because they couldn’t find a way to get to work. That left them in tough financial spots, struggling to pay fines or provide for their families. As a result, plenty of people ended up driving on suspended licenses anyway, which only piled on more legal and financial trouble. If you find yourself in this position, a Clarion DUI lawyer can explore your options before things get worse.

The impact went well beyond paychecks and bank accounts, too. Parents who lost their licenses to DUI offenses often had to miss family events and couldn’t take part in their kids’ activities the way they wanted to.

Update July 1, 2019:

We’ve got some important updates about DUI laws in Pennsylvania that kicked in on December 23, 2018—right before Christmas Eve.

For anyone facing a third High-DUI offense, the stakes are now much higher. A conviction can bring a felony charge. A High-DUI offense applies when a person’s blood alcohol content hits 0.16 percent or higher. Should you face charges like these, reaching out to a Clarion traffic ticket attorney early can make a real difference.

The same charges apply to anyone facing a fourth or later DUI as well.

If a person causes a death while driving under the influence, they could be hit with a first-degree felony, plus an extra five years of prison time.

On top of that, driving without a license and committing aggravated assault now carries stiffer penalties. In particular, the prison term for aggravated assault grows by two years.

The new law also raises fines and jail time for driving under suspension that stems from a previous DUI. For a first offense, a conviction brings a minimum of $500 in fines and up to 60 days in jail. A second offense requires a minimum jail term of 90 days, along with a $1,000 fine. If you’re facing any of these charges, the Logue Law Group is ready to help—call a Clarion DUI lawyer at 412.387.6901 today.