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High Test DUI in Mercer

In Mercer, dealing with a DUI charge is never a small matter. However, the situation escalates significantly if your blood alcohol content (BAC) registers at .17 percent or above. At Logue Law Group, we are intimately familiar with the tactics used by local police and state troopers when they are trying to establish if a motorist is operating a vehicle under the influence. It is critical to understand the severity of these elevated charges.

How Does a Low DUI Differ From a High DUI?

Under Pennsylvania law, a standard or “low test” DUI applies when a driver’s BAC is under the .17 percent threshold. Conversely, if a driver registers a BAC of .17 percent or greater, they face a “high test” DUI charge. This distinction is crucial because the high test classification triggers significantly more severe penalties compared to the lower tier. To navigate these distinct classifications, it is vital to consult with a Mercer DUI lawyer who understands the nuances of the local court system.

The Pennsylvania Revised Code, specifically Section 4511.19(A)(1)(h), provides precise definitions for what constitutes a high test result. This includes:

  • A breath or whole blood test showing .17 percent or higher.
  • A urine test result of .238 percent or higher.
  • A blood serum or plasma test indicating .204 percent or higher.

Penalties for a First-Time High Test DUI

The Code mandates specific, rigorous penalties for those convicted of a first-time high test DUI. These are not merely suggestions but statutory requirements that a Mercer criminal lawyer will try to help you mitigate. The specific penalties include:

  • Restricted Plates: Mandatory use of yellow license plates on your vehicle.
  • Incarceration: A minimum of 6 days in jail, OR a split sentence of 3 days in jail combined with 3 days in a Driver Intervention Program (DIP). The maximum jail term can extend up to 6 months.
  • Interlock Device: Installation of an ignition interlock device at the offender’s expense (this is optional and based on the judge’s discretion).
  • Monetary Fines: Fines ranging anywhere from $375 up to $1,075.
  • Driving Ban: A complete hard suspension of driving privileges for the first 15 days after the arrest (Administrative License Suspension).
  • License Suspension: A court-imposed driver’s license suspension lasting between 6 months and 3 years.

Understanding the Driver Intervention Program (DIP)

The Driver Intervention Program mentioned in the penalties is a comprehensive three-day course focused on alcohol and drug treatment and education. The presiding judge must approve the specific program. While a judge may order attendance, a Mercer DUI lawyer might suggest their client enroll proactively to demonstrate to the court a commitment to avoiding future offenses.

Often referred to as DIP, this seminar usually takes place over a weekend. You generally check into a designated hotel on Thursday night and leave on Sunday afternoon. Restricted primarily to first-time offenders, the curriculum covers traffic safety and DUI prevention, while also providing assessments to identify individuals who may require further substance abuse assistance. Specific versions of the program are also available for minors.

The repercussions of a high-test DUI conviction are both financially draining and legally harsh. Attempting to handle this situation without professional help is ill-advised. You require the support of a skilled Mercer criminal lawyer to protect your rights and navigate the complex legal landscape.

Being charged with a high test DUI does not guarantee a jail sentence or a conviction. The team at Logue Law Group is highly knowledgeable in DUI statutes. After reviewing your case and the evidence against you, we can determine the most effective defense strategy.

Your attorney can pinpoint errors in chemical testing or arrest protocols where law enforcement may have faltered. A qualified Mercer DUI lawyer will leverage these errors to potentially get charges reduced or dismissed and work toward restoring your driving privileges.

Beyond the Courtroom: Collateral Consequences

A high test DUI carries weight far beyond legal penalties. Maintaining privacy is difficult, particularly if an accident occurred. The social stigma can be intense, with judgment coming from friends and neighbors. Furthermore, your career could be at risk, especially if driving is a core duty of your employment. You might also face hurdles in educational opportunities or lose professional licensures.Operating a vehicle while intoxicated is a grave issue with life-altering consequences. If you find yourself arrested on this charge, you need top-tier defense. Call 412.389.0805 or contact Mercer criminal lawyer online to schedule a free consultation.

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