How Many Beers Can I Drink Before I Get A Dui In Pennsylvania
There is a common misunderstanding that a male, over 21, who weighs 180 pounds can have between three and four beers over an hour and not be at risk for getting a DUI in Pennsylvania. If you go only by the readily available tier system, this is true…in some instances. The fact is there is more to being charged with a DUI in Delaware County than simply how many beers you drink. If you have been charged with a DUI in the Delaware County area, it is imperative that you contact a DUI lawyer as soon as possible.
Pennsylvania has a three-tier system based on Blood Alcohol Content (BAC) along with other factors:
- Tier 1: general impairment (BAC .08 to .099%) or evidence of alcohol in your blood together with evidence of unsafe driving or suspicion of driving under the influence combined with a refusal to submit to the blood/breath/urine test;
- Tier 2 requires a BAC .10 to .159%) or a driver under 21 with a BAC of more than .02% or being deemed “general impairment” together with property damage or bodily injury to another;
- Tier 3 requires a .16% or higher BAC, or evidence of a controlled substance (this includes marijuana), or suspicion of driving under the influence of a controlled substance and a chemical test refusal.
We won’t even get into what happens if you are charged with DUI in Delaware County and someone dies, excluding commercial drivers (CDL) and bus drivers.
Given the above, regardless of your body composition, if you are over 21, have any alcohol in your system, and are in an accident (including hitting a deer, or someone rear-ending you), you can and will be charged with a DUI. Unsafe driving includes speeding, running a stop sign, and other minor traffic violations.
Implied Consent & DUI Testing Refusal In Delaware County
Pennsylvania also has an Implied Consent Law, meaning that if you operate a vehicle on the roadways of the Commonwealth of Pennsylvania, regardless if you are a Pennsylvania resident or not, you impliedly consent to submit to a blood/breath/urine/chemical test if you are under suspicion of driving under the influence of alcohol or drugs.
If you refuse to be tested, you will face a DUI charge in Pennsylvania. You can refuse to submit, however there is a collateral consequence: PennDOT will administratively suspend your driver’s license for ONE year. Yes, ONE year, and that is in addition to any suspension that results from a DUI conviction. Yes, you can still be convicted of DUI without blood/breath/urine/chemical test results.
Out-of-State Drivers & DUI Charges In PA
If you are not a Pennsylvania resident, then your driving privileges will be suspended in Pennsylvania, but may not be in your home state. Pennsylvania may or may not engage the appropriate processes via the Interstate Driver’s Licensing Compact, but if Pennsylvania does and you receive notice from your home state of a suspension, be sure to immediately contact experienced local counsel. One thing that you, nor any attorney, will be able to stop is having your name, driver’s license number, and other critical identifying information entered into the National Driver Registry (NDR). Once you are in the NDR, you are there until all obligations resulting from a DUI and/or refusal are met related to your driving privileges in Pennsylvania. This means no other state will issue you a driver’s license. The common misunderstanding is that “I can handle my license being suspended in PA, I’ll go to Texas and get a driver’s license.” Nope. This also applies where you are an out-of-state resident. Once you are in the NDR, most states will not re-issue or renew your license until your name is removed.
If you are accused of driving under the influence in Delaware County, you have a long and potentially difficult uphill battle. This is not a battle you should fight on your own. When seeking a DUI attorney in Delaware County, ask the questions that you fear the answers to and what evidence you need to defend yourself. Contact our DUI Attorneys to discuss your matter and seek advice.