DUI, general, high and highest rate of alcohol in Pennsylvania

Posted by Lance T. Marshall Esq.Nov 29, 20180 Comments

With State College being so rife with young people who might decide to go to parties and drink with relatively high frequency, there is a good possibility that people will do just that. When they are legally allowed to do so, there is nothing wrong with it. However, many might decide to get behind the wheel after drinking. Whether they have had a small amount of alcohol or not, this is dangerous and can lead to a charge of driving while intoxicated.

There are many subsets of DUI and it is important to understand them when facing charges. An example of what people facing charges should understand is the difference between general impairment, a high rate of alcohol and the highest rate of alcohol. This can also be helpful when planning a defense. With general impairment, a person cannot be in control, operate or drive a vehicle after imbibing enough alcohol so they are incapable of driving safely. Nor can they do any of the above after imbibing enough so their blood-alcohol concentration (BAC) is a minimum of 0.08 percent and less than 0.10 percent within two hours after having been in control, operated or drove a vehicle.

For high rate of alcohol, the person cannot be in control of, drive or operate a vehicle if they have a BAC of a minimum of 0.10 percent and less than 0.16 percent within two hours after having done so. With the highest rate of alcohol, the person cannot be in control of, operate or drive a vehicle after ingesting enough alcohol that their BAC is 0.16 percent or more within two hours. There are exceptions to the two-hour rule. The state must show good cause as to why the test could not be taken within two hours and it must establish that the person did not imbibe alcohol from the time of the arrest and the sample was taken.

DUI or DWI convictions can follow a person around for an extended period and have a profoundly negative impact on their lives. With jail time, fines, the loss of driving privileges and more, it is important to lodge a strong defense against these allegations to avoid the most serious penalties. Having assistance from a law firm that has experience in helping clients who have been charged with DUI is critical to that defense and achieving a positive resolution.