DUI Rules & Regulations: What You Need to Know

Recent Changes to Pennsylvania DUI Penalties

For those who drive under the influence, the landscape of penalties in Pennsylvania has shifted significantly. At Logue Law Group, we closely monitor these legislative updates to better serve our clients. The outlook is increasingly strict for individuals who choose to drink and drive. It is crucial to remember that a DUI charge can also result from the influence of certain prescription medications, even if they were prescribed by your doctor.

Ignition Interlock Requirements for First-Time Offenders

As of August 2017, Pennsylvania implemented major changes to its DUI laws, specifically targeting first-time offenders. If you are facing your first DUI offense, you are now required to install a specific device in your vehicle.

How the Device Works

• Breath Analysis: The device checks your Blood Alcohol Content (BAC) before the car will start.
• Cost: The offender is responsible for the cost of this ignition interlock device, which is approximately $100 per year.
• BAC Limit: The vehicle will only activate if your BAC is below the legal limit of .08%.
• Accuracy Measures: The system allows multiple attempts. If the initial test fails, the ignition locks for five minutes. A second failure results in a thirty-minute lockout.

If you need legal assistance navigating these requirements, contacting a Harrisburg DUI attorney is a critical first step.

Driving Privileges

• Work Commute: First-time offenders may drive to work if they hold an ignition interlock license.
• Duration: The device must remain installed for one year.
• Installation: Only approved PennDOT mechanics can install the device.

Previously, a first-time conviction meant an automatic one-year license suspension. Under the new rules, if you refuse a blood-alcohol test during your first offense, you can install the interlock device and regain driving privileges after serving just six months of your suspension, regardless of the original length. This is a significant shift from the previous one to 18-month suspension periods. Consulting an experienced Harrisburg DUI attorney can be critical in understanding how these updated laws apply to your specific case.

Anti-Cheating Measures and Historical Context

To prevent tampering, the device performs “rolling re-tests” while the vehicle is in motion. This ensures the driver remains sober behind the wheel. Historically, these devices were only for repeat offenders, but current Pennsylvania legislation extends this requirement to first-time cases as well.

The push for this legislative change was largely due to the economic impact on offenders. Many individuals lost jobs or had reduced hours because they could not drive to work, leading to financial hardship and an inability to pay fines or support their families. This often resulted in people driving on suspended licenses, compounding their legal issues. A qualified Harrisburg federal criminal lawyer can help assess if these factors apply to your defense strategy.

Beyond financial issues, suspended licenses prevented parents from attending family events and participating in their children’s lives, creating significant personal strain.

Critical Updates: July 1, 2019

Important updates to Pennsylvania DUI laws took effect on December 23, 2018. These changes have serious implications for repeat offenders.

Felony Charges for Repeat Offenses

• Third High-DUI Offense: A third offense with a high BAC (0.16 percent or higher) can now result in a felony conviction.
• Fourth or Subsequent DUI: These offenders face the same felony charges.

Fatalities and Assault

• DUI Resulting in Death: Causing a fatality while under the influence may lead to a first-degree felony charge and an additional five years in prison.
• Aggravated Assault: Committing aggravated assault while driving without a license results in increased penalties, extending the prison term by two years.

If you are facing these severe charges in Dauphin County, seeking counsel from a Harrisburg DUI attorney is essential to protect your rights.

Penalties for Driving Under Suspension

The new laws also impose stricter fines and jail time for driving with a suspended license due to a prior DUI:

• First Offense: A minimum $500 fine and up to 60 days in jail.
• Second Offense: A minimum 90-day jail term and a $1,000 fine.

Navigating these complex regulations requires experienced legal support. Reach out to a Harrisburg federal criminal lawyer at 412-387-6901 to discuss your case.