You Know You Don’t Always Need To Be Impaired To Get A DUI In Pennsylvania, Right?

Most DUIs In Pennsylvania Require No Proof Of Impairment

The Pennsylvania driving under the influence (DUI) statute contains 16 separate subsections related to how someone can be charged with a DUI. Sometimes a person’s actions fit the criteria for charges under multiple subsections of the statute, simultaneously. Alternatively, sometimes a person’s actions only fit the criteria for application of one subsection.

Most people naturally assume that for someone to be charged with a DUI, the person had to be under the influence of alcohol or drugs to the point that it made them incapable of safely operating a vehicle, due to their impairment. Unfortunately, this assumption is incorrect- at least in Pennsylvania. In Pennsylvania, 12 of the 16 subsections of the DUI statute do not require impairment.

When Evidence Of Alcohol/Drugs In Your Blood Is Sufficient For Charges

To be clear- most of the time when someone is arrested for suspicion of driving under the influence, the police have observed some degree of impairment on the driver’s part, but the law in Pennsylvania provides 12 different scenarios where a person can be charged with (and convicted of) a DUI offense when the driver’s inability to safely operate a vehicle doesn’t need to be proven.

For instance, if you are operating a vehicle in any of the following circumstances, you could be charged with a DUI even if there is no evidence that you had any inability to safely drive your vehicle: If you

·       Are under the age of 18 with alcohol in you system (.02% blood alcohol content (BAC) or above)

·       Are operating a commercial motor vehicle or a school bus with alcohol in your system (.02% BAC for school vehicles, .04% BAC for CMV’s)

·       Have controlled substances (or their metabolites) in your system

·       Have a BAC above .08%

If the police lawfully obtain blood or breath test results showing that you have the requisite amount of alcohol or controlled substances in your system in these scenarios, there is no requirement that you be impaired to the point of not being able to operate a vehicle safely. All that matters for a conviction in those scenarios is your blood or breath test results.

Considering your legal options

Pennsylvania’s DUI laws can be confusing and counterintuitive to what we assume is required for someone to be convicted of a DUI. That’s why it’s best to consult with a criminal defense attorney who understands the nuances of the DUI laws and who can advise you on all of your legal defense options.

The information provided on this page is for informational purposes only and does not constitute legal advice nor does it create an attorney-client relationship.