Harrisburg DUI Attorney
Driving under the influence (DUI) is illegal in all 50 states. Anyone who has a blood alcohol content (BAC) of 0.08 or higher can be charged with driving under the influence (DUI).
Pennsylvania previously had a BAC limit of 0.10, but it was lowered to 0.08 in 2003. The state employs a tiered approach to DUI offenses based on blood alcohol content (BAC) levels. This means there are three levels of DUIs based on BAC. First-time offenders will be punished, but the focus is on treatment.
General Impairment (.08 to .099% BAC)
The minimum penalties for General Impairment are:
- One-year ignition Interlock requirement
- Misdemeanor charge
- Up to six months’ probation
- $300 fine
- Alcohol highway safety school
- Possible treatment
High BAC penalties (.10 to .159% BAC)
The Penalties for High BAC (0.10 to 0.159% BAC):
- One-year Ignition Interlock requirement
- Misdemeanor charge
- 12-month license suspension
- Up to six months in prison
- Up to $5,000 fine
- Alcohol highway safety school
- Possible treatment
Highest BAC (.16% and higher)
The Penalties for High BAC (0.10 to 0.159% BAC):
- One-year Ignition Interlock requirement
- Misdemeanor charge
- 12-month license suspension
- Up to six months in prison
- Up to $5,000 fine
- Alcohol highway safety school
- Possible treatment
DUI Defense
A DUI can be challenged. Here are some common DUI defenses:
- Improper stop. The defense may argue that the officer lacked reasonable suspicion to stop the vehicle in the first place.
- Challenging field sobriety tests. Field sobriety tests must be administered according to specific guidelines. If the officer failed to follow these procedures, the results could be unreliable. Also, certain medical conditions or physical disabilities might explain poor performance on field sobriety tests.
- Challenging Breathalyzer results. Breathalyzer devices must be properly calibrated and maintained. If there’s evidence that the device was not functioning correctly, the results might be invalid.
- Medical conditions or medications. Diabetes or hypoglycemia can cause symptoms that mimic intoxication. Also, certain prescription medications can cause side effects that mimic impairment.
- Blood test issues. The blood sample must be properly handled and documented. Blood samples need to be stored in specific conditions to maintain their integrity. Improper storage could affect the results.
- Inaccurate officer observations. The defense can argue that signs of impairment observed by the officer, such as bloodshot eyes and slurred speech, were due to fatigue, allergies, or other factors not related to alcohol or drugs.
- Procedural errors. Any deviation from established procedures by law enforcement or the prosecution can lead to evidence being challenged or dismissed.
- Witness testimony. A testimony from passengers, bystanders, or other witnesses that contradict the officer’s account can be a strong defense.
Contact Us Today
Alcohol-related crimes are penalized harshly with the aim of reducing the dangerous practice of drinking and driving. People should not drive while intoxicated.
Mistakes happen. Protect your legal rights and future with help from a criminal defense lawyer from the Law Offices of Cory A. Leshner, LLC. We will provide you with guidance and explain the best legal recourse for your specific situation. To schedule a consultation with our office, give us a call today at (717) 909-9999.