In 2017, the National Highway Traffic Safety Administration reported that there were 10,874 traffic fatalities in the U.S. that resulted from impaired driving. In Pennsylvania, there were approximately 1,137 total traffic fatalities that year. More than 30% of these deaths were associated with one or more drivers operating after the consumption of alcohol. In all U.S. states, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of .08% or more.
Berks County Accident Data
|
2016 |
2017 |
|
|
Total Crashes |
4,907 |
5,042 |
|
Crashes Involving Impaired Driver |
474 |
457 |
|
Crashes Involving Speeding |
169 |
159 |
|
Crashes Involving Distracted Driving |
678 |
656 |
Operating Under the Influence of Alcohol or Drugs
Those who “drive, operate, or have physical control” of a vehicle after consuming alcohol that results in an inability to safety operate may be charged with DUI. Operators of vehicles in Pennsylvania are required to submit to chemical testing when a member of law enforcement suspects the driver is under the influence of alcohol or drugs. Anyone that refuses a test is subject to an automatic license suspension and fines.
Pennsylvania law also prohibits drivers from operating a vehicle with a Schedule I controlled substance or its metabolites in their blood. The same applies to those who drive with a Schedule II or III drug in the blood unless prescribed by a doctor or abusing “certain solvents and noxious substances.”
Berks County's DUI Processing Center
The District Attorney's Office implemented a processing center that agencies of law enforcement use for the intake of suspected DUI offenders. A streamlined process employs dedicated staff using the latest tools and resources including video recording and technology for testing and detection. The arresting officers can promptly return to their patrol or field duties.
Penalties for First Time DUI Offenses
Berks County maintains a DUI Treatment Court. First-time offenders in Pennsylvania are generally classified in three tiers based on blood alcohol content (BAC). The first tier applies to those in the .08 to .099% range, with the others being .10 to .159% and .16% or greater.
Tier 1
· Alcohol and/or drug abuse assessment and possible treatment
· Six months of probation
· $300 fine
Tier 2
· Drug and/or alcohol assessment and possible treatment
· Incarceration of between 48 hours and six months or possible house arrest
· A fine ranging from $500 to $5,000
Tier 3
· Drug and/or alcohol assessment and possible treatment
· Incarceration of between 72 hours and six months or possible house arrest
· A fine ranging from $1,000 to $5,000
Accelerated Rehabilitative Disposition (ARD) Option For First-Time DUI Offenders
The ARD program in Berks County is an alternative to the traditional criminal process. Qualifying offenders are eligible for probation instead of the otherwise mandatory 48 to 72 hours in jail. Offenders must complete 16 hours of community service, a DUI safety class, and undergo a drug and/or alcohol assessment. Those who complete the program may be eligible to have the offense expunged from their record.
Pennsylvania Ignition Interlock Law
An ignition interlock device is installed on a vehicle requiring the driver to submit a breath sample for the vehicle to start. First-time DUI offenders who have a high-level BAC or who refuse to submit to testing may be subject to this requirement. The offender is responsible for paying the costs for installation and leasing of the equipment.
Experienced Legal Representation for DUI Offenders
The LLF Law Firm Criminal Defense Team, is extremely well versed in Pennsylvania's DUI law. They employ an effective strategy that closely reviews the facts and may challenge the evidence and consider negotiations. Contact the office today for a case evaluation at (888) 535-3686.
