Driving under the influence is a serious offense that can leave you with hefty fines, a suspension of your license, and even jail time. Because DUI charges vary from state to state, it is important to become familiar with Pennsylvania’s unique DUI legislature, especially if you have already received a DUI charge. Read ahead to learn the nine different types of DUI cases, then contact our Harrisburg, PA DUI lawyer for a consultation.  

9 Different Types of DUI Cases

1. Incapable of Safe Driving

The first type of DUI charge in Pennsylvania falls under Section 3802(a)(1) and is classified as general impairment. To receive this charge, an officer must find that you are incapable of safe driving due to having alcohol in your system, even if your BAC is below 0.08 or your blood was not tested. This charge specifies no accidents and no refusals, meaning you did not crash your car and did not refuse any of the requests the officer made during your arrest.

Section 3802(a)(1) is the lowest tier DUI offense. Complying with the officer when receiving this charge will likely leave you without a license suspension.

2. Incapable of Safe Driving with Accident

Another subsection of Section 3802(a)(1) clarifies that individuals can also receive charges for low alcohol impairment if their impairment resulted in an accident. If an officer finds that you are incapable of driving safely, have alcohol in your system, and you were involved in an accident resulting in bodily injury or property damage, you may receive this charge.

3. BAC of 0.08 to 0.99 After Driving

Section 3802(a)(2) is in the same tier as the first charge on our list. To receive this charge, an officer must find that your blood alcohol level (BAC) is between 0.08 and 0.99 within two hours of operating or being in physical control of a vehicle. This two-hour time limit allows officers plenty of time to bring individuals back to the station for a blood test.

Reaching a BAC of 0.08 is easier than many people think—experts believe that consuming only two drinks in an hour could leave a 100-lb individual with this BAC. This could occur even faster with the prevalence of higher alcohol microbrews.

4. BAC of .10- .159 After Driving

5. BAC of .16+ After Driving

Getting charged with a Section 3802(c) violation could leave you with a twelve-month license suspension, several days of jail time, and other serious penalties.

6. Driving Under the Influence of Narcotics

Section 3802(d) also states that individuals may not drive while under the influence of a combination of drugs and alcohol, which could significantly impair their ability to operate a vehicle safely. Any of these section D charges could result in a twelve-month license suspension and several days of jail time, among other court-specified penalties.

7. Minor Driving Under the Influence

Because alcohol is illegal for minors, those who receive this charge can expect to receive other minor-related alcohol charges that could significantly increase their overall penalties.

8. Commercial/School Driver BAC of 0.04+ After Driving

DUI policies in Pennsylvania are even stricter for individuals operating school vehicles. An individual may not operate a school bus or other school vehicle if their BAC is 0.02% or greater or if their BAC is at or above this level within two hours of driving.

Officers can also charge commercial and school drivers if they deem that their alcohol consumption renders them incapable of driving their vehicle safely, even if their BAC is below the limits stated above. Commercial and school drivers also may not operate their vehicles while under the influence of controlled substances or a combination of controlled substances and alcohol.

9. Refusing a Breathalyzer or Blood Test

Officers can present other evidence to support your intoxication, such as watery eyes, slurred speech, statements from witnesses, evidence from the accident, or any incriminating statements you made during or after your arrest.

If an officer asks you to complete a breathalyzer or blood test, they probably already have enough evidence to arrest you for a DUI. As a result, if you are arrested for a first offense DUI, there is no sound reason to refuse a DUI test in Pennsylvania—doing so will only worsen your penalties

Contact a DUI Lawyer in Harrisburg, PA 

If you have been charged with a DUI in Harrisburg PA, you need a competent, experienced DUI lawyer on your side through every step of the legal process. Hiring a DUI lawyer can help you present your case accurately to the judge, guide you through the best practices to minimize your penalties, and fight on your behalf to remove any wrongful evidence from your case. 

Jameson Stone is a reputable, knowledgeable law firm that has helped dozens of clients through their DUI charges. Contact Jameson Stone today to schedule a consultation with one of our top-notch DUI attorneys.