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DUI Related Offenses
Driving under the influence (DUI) is a serious legal matter that can involve other significant charges. When an impaired driver causes an accident, results in injury, damages property, or attempts to flee the scene, the legal consequences become considerably more severe. The specific charges faced depend on the circumstances of the incident, and penalties grow harsher with additional offenses. Some common charges related to DUI include hit-and-run, fleeing the police, public intoxication, and violations of the implied consent law.
Public Intoxication
What Constitutes Public Intoxication in Pennsylvania?
Under Pennsylvania law, being in a state of intoxication in public, whether from alcohol or drugs, is prohibited if it poses a danger to oneself or others. Public intoxication often includes the following behaviors:
- Annoying or disrupting others around you
- Creating a risk to your safety
- Endangering the safety of others
Definition of a Public Place
A public place is defined as any area generally accessible to the public. This includes private spaces such as gated communities or shared areas in apartment complexes, provided they allow public entry. Creating a disturbance in such places can lead to a public intoxication charge. That’s why consulting an experienced New Castle criminal lawyer is a necessary step in safeguarding your rights
Legal Consequences
Public intoxication is classified as a summary offense in Pennsylvania:
- First Offense: Fines of up to $500
- Subsequent Offenses: Higher fines depending on the situation
Hit and Run
The Consequences of Fleeing an Accident Scene
When an individual causes an accident due to impairment, the fear of arrest can sometimes lead them to flee the scene. However, this act of evasion, known as a hit-and-run, often results in harsher penalties. Law enforcement, judges, and prosecutors treat these cases with utmost seriousness.
The severity of hit-and-run charges largely depends on the outcome of the incident. Here’s how penalties are structured:
Legal Penalties Based on the Incident
- Property Damage Only:
- Charge: Third-degree misdemeanor
- Penalties: Up to 1 year in jail
- Fines: Up to $2,500
- Accidents Causing Injury:
- Charge: Third-degree felony
- Penalties: Up to 7 years in prison
- Fines: Up to $1,000
- Accidents Resulting in Fatalities:
- Charge: Third-degree felony
- Penalties: Up to 7 years in jail
- Fines: Up to $2,500
Fleeing the Police
Understanding the Response to Panic
When a driver hears sirens and sees flashing lights from a police vehicle after causing an accident, it’s natural to feel fear. However, attempting to flee the police or engage in a high-speed chase typically results in compounded legal trouble. Fleeing the police is treated as a serious offense under Pennsylvania law. Working with an experienced New Castle DUI attorney ensures you are equipped with the best defense to counteract these serious accusations.
Definition and Charges of Fleeing
Even without a full-blown chase, disregarding police signals can result in legal consequences under eluding or fleeing the police. Officers may signal you to stop through:
- Hand gestures
- Spoken commands
- Emergency lights or sirens on their vehicles
Failure to comply with these signals can introduce the following penalties:
Legal Penalties for Fleeing the Police
- Standard Offense:
- Charge: Second-degree misdemeanor
- Penalties: Minimum of 2 years in jail
- Fines: Up to $2,000
- Escalated Offense:
- Conditions: High-speed chases, crossing state lines, endangering others, or driving under the influence
- Charge: Third-degree felony
- Penalties: Up to 7 years in prison
- Fines: Minimum of $15,000
Additionally, fleeing the police can result in the suspension of your driver’s license regardless of the specific circumstances.
Implied Consent Law
What Does Implied Consent Mean in Pennsylvania?
Under Pennsylvania’s Implied Consent Law, every licensed driver is required to submit to blood, breath, urine, or chemical testing when requested by an officer. Refusing tests such as these can have serious consequences. However, drivers can legally decline roadside sobriety tests.
Requirements for Valid Charges
For a refusal to lead to penalties, the officer must provide a clear warning about the possible outcomes. Without this warning, prosecutors cannot move forward with implied consent charges. If this law is violated, penalties become substantial for subsequent offenses.
Penalties for Refusal
- First Offense: 18-month license suspension
- Subsequent Offense: Prolonged suspension or additional charges
Seek Legal Assistance
If you find yourself dealing with DUI-related offenses, partnering with a New Castle criminal lawyer is crucial for navigating the complexities of your case. At Logue Law Group, Sean Logue and his skilled associates are experts in handling cases involving DUI charges in New Castle. Recognized for their determined advocacy, they challenge the prosecution tirelessly to secure the best possible outcomes for their clients.
Need help ? Contact the experienced New Castle DUI attorneys at (844) PITT-DUI or connect online today. Logue Law Group proudly offers services to New Castle, Ohio, and West Virginia for unwavering legal support.