DUI Rules & Regulations

May 26, 2016

Attention motorists! Pennsylvania is tightening its grip on drunk driving with significant changes to DUI penalties. At Mountaineer Law Group, we are closely monitoring these legislative updates, and the situation is becoming increasingly strict for anyone who chooses to drink and drive. It is crucial to remember that a DUI charge can even stem from the influence of certain prescription drugs, even if taken under a doctor’s orders.

October 3, 2017: A Shift in First-Time Offender Laws

Starting in August 2017, Pennsylvania implemented major revisions to its DUI statutes, specifically targeting first-time offenders. The new regulations mandate that individuals convicted of their first DUI offense must install a specialized ignition interlock device in their vehicles. This technology requires the driver to provide a breath sample to measure Blood Alcohol Content (BAC) before the engine will start.

The financial responsibility for this device falls on the offender. The ignition will only activate if the driver’s BAC is below the legal limit of .08%. To ensure accuracy, the device offers multiple attempts. If the initial breath test registers a high BAC, the ignition locks for five minutes. A second failed attempt results in a thirty-minute lockout. If you need assistance navigating these technicalities, a Morgantown criminal lawyer can provide guidance.

Driving Privileges and Employment

One of the key provisions for first-time DUI offenders is the ability to drive to work, provided they hold an ignition interlock license. This is a significant change from previous laws where a license suspension was automatic and absolute. The requirements include:

• The device must remain installed for one year.
• Installation must be performed by approved PennDOT mechanics.
• The approximate cost is $100 annually.

Previously, a first conviction led to a mandatory one-year license suspension. Under the new system, individuals who refuse a blood-alcohol test during their first offense can now install the interlock device. This allows them to regain driving privileges after serving just six months of suspension, rather than the previous suspension period which ranged from one to 18 months. Consult a Morgantown DUI attorney to see if you qualify.

Preventing System Tampering

To ensure compliance and prevent cheating, the ignition interlock device is programmed to perform random “rolling re-tests.” These occur while the vehicle is in motion, requiring the driver to provide a breath sample while behind the wheel. This measure is designed to verify that the driver remains sober throughout the journey.

Historically, these devices were reserved for repeat offenders. However, the updated Pennsylvania legislation expands this requirement to include first-time offenders as well.

The Impact on Livelihood and Family

These legislative changes were largely motivated by the economic impact of suspended licenses. Many individuals lost their jobs or suffered reduced hours because they could not legally drive to work. This loss of income created a cycle of financial hardship, making it difficult for offenders to pay fines or support their families. In desperation, many chose to drive on suspended licenses, leading to further legal trouble. A Morgantown criminal lawyer understands these pressures well.

Beyond financial implications, license suspensions also affected family life. Parents unable to drive missed important family gatherings and were often unable to transport their children to activities, creating a strain on family dynamics.

Update July 1, 2019: Stricter Penalties

Important updates to Pennsylvania’s DUI laws went into effect on December 23, 2018. These changes brought harsher penalties, particularly for repeat offenders and those with high BAC levels.

Felony Charges for Repeat Offenses

The legal landscape has become much more severe for habitual offenders.

• Third High-DUI Offense: Now classified as a potential felony charge. A High-DUI is defined as having a blood alcohol content of 0.16 percent or higher.
• Fourth or Subsequent DUI: Individuals facing their fourth (or more) DUI will also face felony charges.

If you are facing these serious allegations, seeking advice from a Morgantown DUI attorney is essential.

Fatalities and Aggravated Assault

The penalties for causing harm while under the influence have also escalated:

• DUI Fatality: Causing a death while driving under the influence can result in a first-degree felony charge, adding an extra five years to the prison sentence.
• Aggravated Assault: Committing aggravated assault while driving without a license leads to extended prison terms, specifically adding two years to the sentence.

Driving Under Suspension

The 2018 law also increased fines and jail time for individuals caught driving with a license suspended due to a previous DUI.

• First Offense: Minimum fine of $500 and up to 60 days in jail.
• Second Offense: Mandatory minimum jail term of 90 days and a $1,000 fine.

If you are dealing with charges in Berks County, contact Mountaineer Law Group at (304) 381-3656 for assistance. A skilled Morgantown criminal lawyer can help you understand your rights.