Pennsylvania DUI Lawyers

If you are stopped by police while operating a vehicle under the influence of alcohol or drugs, you will likely face charges for DUI. A conviction of this nature takes a heavy toll on both your personal life and your professional career. You risk losing your driving privileges permanently, or you may face severe repercussions that damage your standing in your workplace or industry.

Because the stakes are so high, it is vital to contact a Mercer DUI lawyer who can navigate the complexities of the legal system on your behalf. The goal is often to have penalties reduced or, in some instances, to have the charges dismissed entirely. For this level of representation, turn to the Logue Law Group. Our skilled legal team is dedicated to guiding you through your case, helping you manage the consequences, and resolving the matter as efficiently as possible.

Pennsylvania DUI Laws

Under the Pennsylvania Revised Code (ORC) 4511.19, it is illegal to operate a vehicle while intoxicated or under the influence. Several specific conditions are considered when determining a violation:

• Substance abuse involving alcohol, drugs of abuse, or a combination of both.
• A Blood Alcohol Concentration (BAC) of 0.08 or higher in your system at the time of the incident.

There are various ways a driver can face DUI charges in Pennsylvania. A Mercer criminal lawyer can explain how these apply to your specific situation:

• High BAC Levels: You can be charged if your BAC exceeds the legal limit at the time of the accident or stop. For standard drivers, the limit is 0.08. For commercial vehicle drivers, the strict limit is 0.04.
• Impairment Without High BAC: Even if your BAC is below the legal limit, you can still face DUI charges. Under ORC 4506.01, law enforcement must prove that you consumed a drug, a controlled substance, or even over-the-counter medication that impaired your reflexes and judgment.
• Dangerous Drugs: According to ORC 4729.01, certain “dangerous drugs” have the potential to impair your driving abilities. It is important to note that having a valid legal prescription for these drugs does not automatically provide a defense if they impair your driving.

These statutes represent the foundational laws used to prosecute DUI cases. However, prosecutors may utilize various other legal avenues to pursue a conviction. This complexity makes retaining an experienced Mercer DUI lawyer a necessary step in protecting your rights.

Difference of OVI and DUI

Many clients ask about the difference between these terms. Fundamentally, there is no basic difference; DUI (Operating a Vehicle Impaired) and DUI (Driving Under the Influence) refer to similar charges. DUI is simply the specific terminology used by the state of Pennsylvania. One slight nuance in these cases is that the prosecutor carries the burden of proving the offender was actually impaired while operating the vehicle. To handle these tricky legal definitions and requirements, you need to hire an expert Mercer criminal lawyer.

DUI Offenses Logue Law Group Handles

At our group, we defend clients against a wide range of impaired driving allegations. A Mercer DUI lawyer from our firm can assist with the following scenarios:

• First DUI Offense: This applies if you have no prior DUI convictions within the last 6 to 10 years. Charges generally arise if your BAC is over the legal limit or if you are impaired by medication.
• Second DUI Offense: If you are charged with impaired driving within 10 years of a first offense, you are facing a second offense. The fines and punishments are harsher, often involving mandatory jail time.
• Third DUI Offense: A third charge within a 10-year period leads to significant consequences, including potential imprisonment, high fines, and house arrest. Additionally, you will be required to display yellow DUI plates on your vehicle once your license is reinstated.
• Physical Control of Vehicle: Under ORC 4511.194, it is prohibited to be in physical control of a vehicle while impaired, even if you are not driving. This is generally a misdemeanor with less severe punishment than a first DUI offense, but it still requires the attention of a Mercer criminal lawyer.
• Under Age DUI or OVUAC: Pennsylvania has a zero-tolerance policy for underage drinking. If you are under 21, you are prohibited from driving with even a trace amount of alcohol. If you are impaired by prescribed drugs or alcohol, legal assistance is essential.
• Aggravated Vehicular Assault and Homicide: If you cause an accident while drunk driving that results in serious injury or death, the charge escalates to a felony with much harsher penalties.

DUI Laws and Penalties

The penalties for DUI convictions vary widely based on the circumstances and prior history. Successfully navigating these penalties—or getting charges dropped—often requires the assistance of a Mercer DUI lawyer. Below is a breakdown of potential penalties for various levels of offenses.

First DUI (First Degree Misdemeanor)

• Mandatory 3 days in jail or completion of a 72-hour certified driver intervention program approved by a judge.
• Up to 6 months of imprisonment.
• Fines ranging between $375 and $1,075.
• Suspension of driver’s license for 1 to 3 years.
• Limited driving privileges may be granted after 15 days from the initial charge (optional).
• Participation in alcohol education and treatment programs (optional).
• Restricted yellow DUI license plates (optional).
• Installation of an ignition interlock device (optional).

First DUI With a High BAC or Chemical Test Refusal (First Degree Misdemeanor)

• Mandatory 6 days in jail or completion of a 72-hour certified driver intervention program approved by a judge.
• Up to 6 months in jail.
• Financial penalties ranging between $375 and $1,075.
• Driver’s license suspension from 1 to 3 years.
• Mandatory yellow DUI license plates.
• Limited driving privileges available after 15 days from the initial charge (optional).
• Alcohol education and treatment programs (optional).
• Ignition interlock device (optional).

Second DUI (First Degree Misdemeanor)

When facing a second charge, consulting a Mercer criminal lawyer becomes critical due to increased penalties:

• Mandatory jail time between 10 days and 6 months.
• Fines ranging between $525 and $1,625.
• Probationary period.
• House arrest and/or electronic monitoring.
• Driver’s license suspension for 1 to 5 years.
• Limited driving privileges available after 45 days from the initial charge.
• Mandatory yellow DUI license plates.
• Required alcohol assessment, education, and treatment.

Second DUI With a High BAC or Chemical Test Refusal (First Degree Misdemeanor)

• Mandatory jail time between 20 days and 6 months.
• Fines ranging between $525 and $1,625.
• Probation.
• House arrest and/or electronic monitoring.
• Driver’s license suspension for 1 to 5 years.
• Limited driving privileges available after 45 days from the initial charge.
• Mandatory yellow DUI license plates.
• Alcohol assessment, education, and treatment.
• Installation of an ignition interlock device.

Third DUI (First Degree Misdemeanor)

• Mandatory imprisonment between 30 days and 1 year.
• Fines ranging between $850 and $2,750.
• Probation.
• House arrest and/or electronic monitoring.
• Vehicle forfeiture if the offender is the owner of the vehicle.
• Limited driving privileges available after 180 days from the initial charge.
• Driver’s license suspension between 2 and 10 years.
• Yellow DUI plates.
• Required alcohol assessment, education, and treatment.
• Ignition interlock device.

Third DUI With a High BAC or Chemical Test Refusal (First Degree Misdemeanor)

To avoid the harshest of these penalties, you should seek a Mercer DUI lawyer immediately:

• Mandatory jail time between 60 days and 1 year.
• Fines ranging between $850 and $2,750.
• Probation.
• House arrest and/or electronic monitoring.
• Vehicle forfeiture, if the vehicle title is in your name.
• Limited driving privileges available after 180 days from the initial charge.
• Driver’s license suspension between 2 and 10 years.
• Yellow DUI plates.
• Alcohol assessment, education, and treatment.
• Ignition interlock device.

First Felony DUI (Fourth Degree Felony)

• Prison sentence between 60 days to 30 months.
• Fines ranging between $1,350 and $10,500.
• Vehicle forfeiture, if the title is in your name.
• Driver’s license suspension ranging from 3 years to lifetime.
• Limited driving privileges available after 3 years.
• Yellow DUI plates.
• Ignition interlock device.
• Mandatory alcohol and drug addiction program.

Second Felony DUI (Third Degree Felony)

• Prison sentence between 60 days and 5 years.
• Fines ranging between $1,350 and $10,500.
• Vehicle forfeiture if the offender is the owner.
• Driver’s license suspension ranging from 3 years to lifetime.
• Limited driving privileges available after 3 years.
• Yellow DUI plates.
• Ignition interlock device.
• Mandatory alcohol and drug addiction program.

If you are facing any of these charges, consult a Mercer criminal lawyer at Logue Law Group. We will listen to your case diligently to offer you the best resolution for the situation. Call us at 412.389.0805 today.