Understanding Drugged Driving Laws in Pennsylvania

Figuring out the rules regarding operating a vehicle under the influence of drugs can be tricky, but having a solid grasp of them is essential for staying out of legal trouble. In the state of Pennsylvania, driving while impaired by drugs (frequently shortened to DUI or DUID) is treated as a major crime. There are very strict rules regarding the use of both illicit street drugs and specific prescription medications while behind the wheel.

Legal Stance on Controlled Substances and Driving

The legislative code in Pennsylvania explicitly states that operating a vehicle while under the influence of controlled substances is against the law. This prohibition covers a wide range of substances, including:

• Cannabis (marijuana) and products derived from it
• Illegal narcotics, such as cocaine and heroin
• Standard prescription medications used for managing pain or anxiety

It is crucial to realize that even if you obtained your medication legally through a valid prescription, you could still face a DUI charge if that medicine affects your ability to drive safely. If you are unsure about how your medication affects your driving, speaking with a Mercer criminal lawyer can provide clarity on how the law applies to your specific situation.

Pennsylvania law outlines what are known as “per se” offenses for drugged driving. This legal term means that driving is prohibited if you have certain drugs in your system at specific concentration levels, regardless of whether you actually feel impaired or not. These specific substances include:

• Cannabis (Marijuana)
• Metabolites related to cannabis
• Amphetamine
• Cocaine along with its metabolites
• Heroin, which includes 6-monoacetylmorphine
• L.S.D. (acid)
• Methamphetamine
• Phencyclidine (PCP)
• Salvia divinorum as well as Salvinorin A

If a urine or blood test is administered under these laws within three hours of the suspected traffic violation, the results are generally accepted as valid evidence in court. A Mercer DUI lawyer can help you understand how these test results might impact your case and what legal defenses are available to you.

Prescription Drug Defense Explained

According to section 4511.19(K)(1)-(2) of the Pennsylvania Revised Code, there is a specific legal defense available for individuals charged. This defense applies if the controlled substance was consumed exactly as prescribed by a licensed healthcare professional. However, it is vital to understand that this defense does not apply to cannabis use, even if it was recommended by a doctor. Under Pennsylvania law, a doctor’s recommendation for medical marijuana is not legally the same as a prescription. If you are facing charges related to prescription meds, a Mercer DUI lawyer can help determine if this defense strategy applies to your case.

Pennsylvania’s Implied Consent and Its Consequences

When you choose to drive on the roads in Pennsylvania, you are giving your “implied consent” to submit to chemical testing. This means you agree to be tested for drug or alcohol content in your breath, blood, or urine if asked by law enforcement.

Refusing to take these tests when lawfully requested results in immediate administrative penalties:

• First refusal: Results in a one-year administrative license suspension.
• Second refusal: Leads to a two-year license suspension.
• Third refusal: Results in a three-year license suspension.

The law enforcement agency of the arresting officer gets to choose which specific tests are administered. It is important to note that you typically do not have the right to consult a Mercer criminal lawyer before deciding whether to take or refuse the test—that decision must be made by the driver alone at the moment.

Grasping these regulations is essential for anyone driving on Pennsylvania roads, and specifically within Mercer County. These statutes exist to uphold legal standards and, more importantly, to protect the safety of everyone on the road.

Pennsylvania’s Penalties for Drugged Driving

Driving under the influence—whether caused by alcohol, marijuana, or other drugs—carries severe penalties in Pennsylvania. The legal consequences are largely the same regardless of the substance involved. If you are facing these charges, consulting a Mercer DUI lawyer can help you understand what to expect and how to protect your rights. Here is a breakdown of the penalties for Operating a Vehicle Impaired (OVI):

First-Time OVI Offenses

• This is classified as a 1st-degree misdemeanor.
• Mandatory jail time of at least 3 consecutive days, with the potential for up to 6 months.
• The court may allow enrollment in a driver’s intervention program in place of jail time.
• Fines range from a minimum of $375 up to a maximum of $1075.
• License suspension lasting from 6 months up to 3 years.

Reference: [Pennsylvania Rev. Code Ann. § 4511.19(G)(1)(a); § 4510.02(A)(5)]

Second OVI Within 6 Years

• This offense is still considered a 1st-degree misdemeanor.
• Requires a minimum of 10 consecutive days in jail.
• Imprisonment can last up to 6 months.
• Court-ordered assessment for drug and alcohol treatment programs.
• Fines will be no less than $525 and no more than $1625.
• A Class 4 license suspension lasting between one and five years.
• The offender’s license plates and vehicle will be seized for 90 days.

See [R.C. § 4511.19(G)(1)(b); § 4510.02(A)(4); § 4511.193(B)(2)(a)]

If you are facing a repeat offense, securing a Mercer DUI lawyer is critical to navigating these escalating penalties.

Third OVI Within 6 Years

• This offense is categorized as a 1st-degree misdemeanor.
• Jail time increases to at least 30 consecutive days, with a maximum sentence of 1 year.
• Fines range from $850 to $2750.
• A Class 3 license suspension ranging from 2 to 10 years.
• Mandatory participation in an addiction treatment program.
• Criminal forfeiture of the offender’s vehicle.

For further details, consult [R.C. § 4511.19(G)(1)(c)]

Fourth or Fifth OVI Offense

• The charge is upgraded to a 4th-degree felony.
• Mandatory imprisonment for a minimum of 60 consecutive days.
• Potential jail time ranges from one year up to five years.
• Fines start at $1350 and can go as high as $10,500.
• License suspension ranging from 3 years to life.
• Compulsory participation in an addiction recovery program.
• Possibility of vehicle forfeiture.

Guidance available at [R.C. § 4511.19(G)(1)(d)]

Because felony charges carry such life-altering consequences, representation by a skilled Mercer criminal lawyer is absolutely essential at this stage.

Sixth or Subsequent OVIs

• Categorized as a 3rd-degree felony.
• Requires no less than 120 days of consecutive imprisonment.
• Jail time generally ranges from one to five years.
• Fines will be no less than $1350 and can reach up to $10,500.
• License suspension will be imposed.
• Participation in an addiction program is mandatory.
• Potential for criminal vehicle forfeiture.

Refer to [R.C. § 4511.19(G)(1)(d)] for more information.

DUID for Marijuana in Pennsylvania

Pennsylvania maintains strict prohibitions against operating a vehicle under the influence of alcohol, drugs, or a mix of both. The law classifies this crime as OVI, though it is often colloquially known as a “DUI”.

As mentioned earlier, a “per se” offense can be charged if chemical testing reveals a specific level of a prohibited substance or alcohol, regardless of whether the driver appears impaired. For marijuana specifically, these “per se” thresholds in Pennsylvania are:

• Marijuana in urine: 10 ng/ml
• Marijuana in blood: 2 ng/ml
• Marijuana metabolite in urine: 35 ng/ml; or 50 ng/ml in blood
• With alcohol or other drugs present: 15 ng/ml in urine; or 5 ng/ml in blood

A violation occurs if there are detectable THC levels exceeding 2 ng/ml in the blood, or THC-COOH levels above 15 ng/ml in urine. (Details in Pennsylvania Revised Code Annotated Section 4511.19).

Additional Resources and Legal Assistance

For more context, NORML offers a comprehensive overview of Pennsylvania’s drugged driving laws, specifically regarding marijuana use. Their resources include a synopsis of legal consequences, permitted substances, and statutes applicable to OVI offenses.If you are dealing with an OVI charge related to drug use in Mercer, you need strong legal support. A Mercer DUI lawyer can review the details of your arrest and testing procedures. The Logue Law Group specializes in representing individuals accused of operating while impaired, whether the case involves illicit substances, marijuana, or prescription drugs. Our expertise is here to offer you support. Contact us regarding your Mercer case or call us at 412.389.0805 to explore your options in detail. We can connect you with a Mercer criminal lawyer to discuss your defense.