DUI

A fun night out with friends can quickly end with flashing lights, a field sobriety test, chemical testing, and ultimately a DUI. It is scary, embarrassing, and upsetting. A person in such a situation generally has many questions and does not know where to turn. A DUI conviction is serious and can have a major impact on one's life resulting in, but not limited to, incarceration, probation, and a license suspension. Below are answers to questions that you may have about Pennsylvania DUI law.

According to Pennsylvania law, DUIs are broken down into three tiers. Tier one concerns general impairment. Under Pennsylvania state law, it is illegal to "drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle." Also, in Pennsylvania, if an individual's blood alcohol content (BAC) is .08 or higher within two hours of driving than they may be charged with a tier one DUI. Punishment for a tier one DUI or general impairment can be harsh, however, out of the three tiers, tier one carries with it the least severe penalties.

A person with a BAC of .10 to .159 within two hours of driving, operating, or being in actual physical control of a vehicle will be charged with“ a tier two DUI or a high rate of alcohol. A tier two DUI carries with it harsher penalties than a tier one DUI.

A person with a BAC of .16 or higher within two hours of driving, operating, or being in actual physical control of a vehicle will be charged with "a tier three DUI or a Highest Rate DUI. Also, in Pennsylvania, a person who operates, drives, or is in actual physical control of a vehicle while under the influence of a controlled substance, or a combination of a controlled substance and alcohol, or with any amount of a controlled substance in their blood will be charged as a tier three DUI. A tier three DUI carries with it the harshest penalties.

Overall, the penalty for a DUI, regardless of which tier DUI a person is charged with, can range drastically depending on if that person has a prior DUI within the last ten years. On the other hand, if a person has no prior crimes, including no DUIs, then that person may be eligible for the Accelerated Rehabilitative Disposition ("ARD") Program.

While working as a Certified Legal Intern for the Lackawanna County Public Defender's Office, Attorney Jason P. Provinzano worked diligently to successfully see that numerous ARD candidates, many of which were charged with DUI, were accepted into the ARD Program.

If you have been arrested and charged with driving while under the influence of alcohol or drugs ("DUI"), it is important that you contact the Law Offices of Jason P. Provinzano, LLC for a free consultation, so that experienced attorneys can answer your questions, explain your rights, and protect your future.