DUI-Related Offenses

Driving under the influence (DUI) is a severe charge, and it often doesn’t come alone. When a driver is involved in an accident, causes injury, damages property, or tries to escape the scene, the situation becomes much more complicated. The charges a driver might face depend entirely on the specific details of the incident, and penalties get harsher as offenses pile up. Common charges that often accompany a DUI include hit and run, fleeing from police, public intoxication, and violations of implied consent laws.

Public Intoxication

In Pennsylvania, it is illegal to appear in a public place while visibly drunk or under the influence of substances to the point where you endanger yourself or others. Public intoxication is generally defined by specific behaviors, such as:

• Annoying people around you
• Endangering your own safety
• Endangering the safety of others

The law defines a “public place” broadly. It includes any area the general public can access, even if the property is privately owned—like a gated community or the common areas of an apartment complex. If you cause a disturbance in these locations, you risk being charged with public intoxication.

In Pennsylvania, public intoxication is usually classified as a summary offense. This can result in a fine of up to $500. However, if you are a repeat offender, the fines can increase significantly. If you are facing these accusations, a Morgantown criminal lawyer can help you understand your rights.

Hit and Run

When someone causes an accident after using drugs or alcohol, panic often sets in. The fear of being arrested can drive some individuals to flee the scene in hopes of avoiding consequences. This action is known as a hit and run, and it only leads to much harsher penalties. Both judges and prosecutors treat this offense with extreme seriousness.

Whether a hit and run is charged as a felony or a misdemeanor depends on the specific facts of the case. Regardless of the classification, the punishments are substantial. If the accident resulted only in property damage, the driver might face a third-degree misdemeanor. This can lead to up to one year in jail and fines reaching $2,500. A skilled Morgantown DUI attorney is essential when facing such serious potential penalties.

However, the stakes are raised if the accident causes injury to anyone other than the driver. In this scenario, the hit and run charge escalates to a third-degree felony. This offense carries a potential prison sentence of up to seven years and fines as high as $1,000.

In the most devastating situations, where an accident results in a death and the driver flees, the charge remains a third-degree felony but with stricter implications. A conviction for this crime can result in a prison term of up to seven years and fines reaching $2,500.

Fleeing the Police

Seeing flashing lights and hearing sirens behind you after causing an accident is terrifying. Many people panic and attempt to run, especially if they believe their drug or alcohol consumption caused the crash. However, it is vital to know that running from an accident and engaging in a high-speed chase will lead to serious charges of fleeing the police. Law enforcement, judges, and prosecutors take this offense very seriously. Consulting a Morgantown criminal lawyer is crucial if you find yourself in this situation.

Even if there wasn’t an accident, failing to pull over when a police officer signals you can result in charges of eluding the police. Under Pennsylvania law, a signal can be a hand gesture, voice command, or the use of sirens and emergency lights. Ignoring any of these can lead to charges of fleeing and eluding.

Typically, fleeing the police is treated as a second-degree misdemeanor. This carries a minimum jail sentence of two years and potential fines up to $2,000. However, the situation worsens if the driver attempts to flee and causes a high-speed chase that endangers others, crosses state lines, or if it is determined the driver was under the influence. In these cases, the charge becomes a third-degree felony. Punishment can include up to seven years in prison and a minimum fine of $15,000. A Morgantown DUI attorney can provide the necessary defense against these escalating charges.

On top of these severe legal penalties, fleeing the police can also result in the suspension of your driver’s license.

Implied Consent Law

Pennsylvania’s Implied Consent Law requires any licensed driver to submit to blood, breath, urine, or chemical testing if requested by an officer. While you can refuse a roadside sobriety test, refusing these chemical tests is not an option without consequences. However, before a driver can be charged under implied consent, prosecutors must prove that the officer warned the driver about the penalties for refusal. If no warning was given, the prosecution cannot proceed with the charge. Subsequent violations, however, will result in an 18-month license suspension.

If you are facing any of these charges, it is vital to hire a Morgantown criminal lawyer who is an expert in DUI law and procedures. Sean Logue and his associates at Mountaineer Law Group are renowned attorneys with the expertise needed to handle your case. They will fearlessly challenge the prosecution and fight for the best possible outcome. Contact them for a free initial consultation at (304) 381-3656 or reach out online. Mountaineer Law Group proudly serves Berks County, Pennsylvania, Ohio, and West Virginia, offering unwavering support and advocacy. A Morgantown DUI attorney is ready to help you today.