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DUI Differences and Defenses in Mercer

In Pennsylvania, if you’re pulled over for driving under the influence of alcohol or drugs, you’ll face a charge known as Operating a Vehicle while under the Influence, or DUI. This is essentially the same offense as a DUI (Driving Under the Influence), just with a different name. If you are arrested for a DUI in Mercer, it is crucial to seek help from a qualified legal professional.

DUI Laws in Pennsylvania

The laws for drunk driving in Pennsylvania are outlined in Section 4511.19 of the Pennsylvania Revised Code (ORC). According to this section, you are breaking the law if you operate a motor vehicle under any of the following circumstances:

  • Your Blood Alcohol Content (BAC) is 0.08% or higher.
  • You are under the influence of alcohol, drugs, or a combination of both.

The team at Logue Law Group understands these laws and can help you navigate your case. A skilled Mercer DUI lawyer can review the details of your arrest and build a strong defense strategy tailored to your situation.

There Is More Than One Way You Can Be Charged With an DUI

A DUI charge isn’t just about being over the legal alcohol limit. While a BAC of 0.08% is the most common reason for an DUI arrest, the limit is stricter for commercial vehicle drivers, dropping to 0.04% when they are operating their commercial vehicle.

You can also be charged if your BAC is below the legal limit but you are still impaired by drugs, alcohol, or a mix of the two. A knowledgeable Mercer criminal lawyer can explain the nuances of these different types of charges.

Pennsylvania law defines “drugs of abuse” in section 4506.01 of the ORC. This includes any controlled substance, over-the-counter medication, or dangerous drug that can impair a person’s judgment and reflexes, especially when taken in higher-than-normal doses.

Understanding Dangerous Drugs and Prescriptions

The Pennsylvania Revised Code also defines “dangerous drugs” in Section 4729.01, which includes prescription medications. This means that even if you legally purchased and were prescribed a drug, you can still be charged with and convicted of a DUI if it impairs your ability to drive. The courts do not consider the legality of the prescription as a valid defense.

It is your responsibility to read the information provided with your prescriptions and understand the potential side effects before you get behind the wheel. You must be certain of how medication affects you. A Mercer DUI lawyer can help examine the circumstances surrounding charges involving prescription medication.

An DUI arrest does not automatically mean you are guilty. There are various defense strategies available, depending on the specifics of your charge. An experienced legal professional will be familiar with these defenses and can guide you toward the best outcome for your case.

Are There Differences Between a DUI Charge and a DUI Charge?

While the terms may vary by state, the core offense is the same. In some places, you might hear terms like DWI (Driving While Intoxicated) or OMVI (Operating a Motor Vehicle while Impaired). Pennsylvania, for instance, uses the term DUI, whereas here in Pennsylvania, it’s called DUI. While there can be slight differences in penalties and what a prosecutor needs to prove, all these charges relate to the act of drunk driving. A qualified Mercer criminal lawyer will have a deep understanding of Pennsylvania’s specific laws and how they apply to your case.

DUI Defenses

To secure a conviction for an DUI in Pennsylvania, a prosecutor must prove several key elements beyond a reasonable doubt. These include:

  • Operation of a Vehicle: The prosecutor must prove you were “operating” a motor vehicle. This doesn’t always mean driving. In some cases, simply having the keys in the ignition while the car is parked can be enough to qualify as an operation.
  • Proof of Intoxication: The prosecutor will use evidence like your BAC results or a positive test for drugs of abuse to prove you were intoxicated.
  • Demonstrated Impairment: Without a high BAC or a positive drug test, the prosecutor might try to prove impairment through other means. This can include testimony from the arresting officer or footage from their dash or chest camera showing your physical and mental state.

A skilled Mercer DUI lawyer in Mercer will scrutinize the prosecution’s evidence and challenge any weaknesses in their case.If you are facing DUI charges, contact the Logue Law Group at 412.389.0805 for a free consultation. Our team is available 24/7 to take your call and discuss your case.

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