Pennsylvania DUI Laws – What You Don’t Know Can Really Hurt You!

Filed under: Criminal Law, DUI Tags: by Steven F. Fairlie @ November 14, 2011

Did you know that it is illegal to drive to a bar, have four or five drinks, hand your keys over to a designated driver, and have that person drive you home? That constitutes a Pennsylvania DUI. If those facts are proven there is very little chance that a Pennsylvania DUI Lawyer could win in court. That’s because in 2004 the Pennysylania Legislature passed a new law that criminalizes having a BAC of .08 or higher within two hours of driving – even if you didn’t start drinking until after you were driving. Many people will write this off as a rant, but take a look at the Pennsylvania DUI law and you will see that it is crystal clear. Similarly, it is illegal to drive with a controlled substance or byproduct thereof in your blood. Imagine a businessman who travels to Amsterdam and while entertaining clients smokes Hashish, which is perfectly legal there. He then comes home and five days later, while not under the influence of anything, is involved in an accident and has his blood tested by police. He has committed a DUI because the drug or a byproduct will still be in his system. How about the teenager who goes to just about any concert you want to name – you fill in the blank. That teenager is bound to inhale some marijuana smoke. The result – there will be THC in the blood days later. Despite the fact that his driving was not impaired that is a solid DUI case under Pennsylvania law. Finally, consider the teacher who has a cold. His kids are counting on him and he doesn’t want to call out sick. Instead, he takes some over-the-counter sudafed cold medication. It is thought to be harmless, but it does induce drowsiness. Pennsylvania law forbids driving after taking any drug that impairs your ability to drive safely. There is no qualification with regard to the degree of impairment specified in the law so any amount of impairment meets the letter of the law. The teacher gets a DUI. There are so many more crazy misapplications of Pennsylvania’s DUI law that no one could list them all, but we encourage you to leave comments on our website relating similar situations that you have encountered or heard of. Contact a Montgomery County PA DUI Lawyer if you have been charged with a DUI.

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