DUI Rules & Regulations

May 26, 2016

Pennsylvania DUI laws have changed in important ways over the years, and anyone accused of impaired driving should understand what those changes mean. Logue Law Group continues to track these developments closely. The legal outlook is serious for drivers who choose to operate a vehicle after drinking. It is also important to remember that a DUI charge is not limited to alcohol. In some cases, prescription medications can also lead to an arrest if they affect a person’s ability to drive safely.

October 3, 2017

As of August 2017, Pennsylvania put major revisions into effect for DUI cases, including rules that affect first-time offenders. One of the biggest changes is the required use of an ignition interlock device. This system measures Blood Alcohol Content (BAC) before the vehicle starts. The driver must pay for the device, and the car will only start if the BAC is below the legal limit of 0.08%.

What the ignition interlock device does

• It tests the driver’s breath before the ignition can turn on.
• It allows multiple attempts to improve accuracy.
• If the first breath sample shows a BAC above the limit, the system locks the ignition for 5 minutes.
• If the second attempt also fails, the device imposes a 30-minute lockout.

For many drivers in New Castle, this change had a direct impact on daily life. A New Castle criminal lawyer can explain how these rules apply when a first DUI offense leads to restricted driving privileges.

Driving privileges for first-time offenders

First-time DUI offenders may be allowed to drive to work if they obtain an ignition interlock license. However, the device must remain in the vehicle for 1 year. Installation must be completed by a PennDOT-approved mechanic, and the cost is about $100 per year.

Before this law changed, a first DUI conviction usually meant an automatic 1-year suspension of the driver’s license. Under the updated law, a person who refuses a blood-alcohol test during a first offense can install an ignition interlock device and recover limited driving privileges after serving a 6-month suspension, even if the original suspension period was longer. Previously, refusing testing could result in a suspension lasting anywhere from 1 month to 18 months.

Anti-tampering safeguards

To prevent drivers from getting around the system, the ignition interlock device also performs random breath tests while the vehicle is already in motion. This is known as a “rolling re-test.” The purpose is to make sure the person behind the wheel remains under the legal limit during the trip.

A New Castle DUI attorney can help drivers understand how ignition interlock violations, test refusals, and restricted licenses may affect a pending case in Pennsylvania.

Why the law changed

In earlier years, ignition interlock devices were mostly used for repeat DUI offenders. That changed when Pennsylvania lawmakers recognized the practical consequences of long license suspensions.

• Many people lost jobs because they could not get to work.
• Others had their hours reduced because they lacked reliable transportation.
• Financial pressure made it harder for offenders to pay court fines or support their families.
• Some drivers chose to drive on a suspended license, which led to even more legal trouble.
• Parents with suspended licenses also missed family events and could not take part in their children’s activities.

For defendants in Lawrence County, these consequences can still be far-reaching, which is why speaking with a New Castle criminal lawyer as early as possible can make a difference.

Update July 1, 2019

Pennsylvania also made additional DUI law changes that took effect on December 23, 2018. These updates increased penalties for certain repeat offenders and for cases involving severe harm.

New penalties under the updated law

• A third High-DUI offense can now lead to a felony charge.
• A High-DUI offense applies when a person’s BAC reaches 0.16% or higher.
• A fourth or later DUI offense may also result in felony-level charges.
• If a person causes a death while driving under the influence, they may face a first-degree felony and an additional 5 years of prison time.
• Driving without a license and committing aggravated assault now bring tougher penalties.
• The prison sentence for aggravated assault is increased by 2 years.
• A first offense for driving under suspension due to an earlier DUI carries a minimum $500 fine and up to 60 days in jail.
• A second offense carries a mandatory minimum of 90 days in jail and a $1,000 fine.

These laws show how aggressively Pennsylvania treats repeat and high-level DUI offenses. If you are facing charges in New Castle, a New Castle DUI attorney can help you understand the accusations, possible penalties, and available defense strategies. To discuss your case with Logue Law Group, call 412.387.6901.