Dental hygienists practicing in Pennsylvania have a good thing going, with a respected professional practice and rewarding professional income. But Pennsylvania DUI charges place those benefits and rewards at severe risk. Your conviction for a Pennsylvania DUI could result not only in fines, incarceration, and loss of your driver’s license but also loss of your Pennsylvania dental hygienist license and all the collateral consequences. Don’t panic, and don’t minimize the risks. Instead, retain the LLF Law Firm’s Criminal Defense Team now to defend your DUI criminal charges and your associated license disciplinary charges. Call 888-535-3686 or reach us online for our premier defense representation.
The Risk of Dental Hygienist DUI Criminal Charges
Substance use and abuse among healthcare professionals has long been an issue, exacerbated recently under pandemic-related shortages and other pressures. Dental hygienists are not immune to substance abuse, dependency, and addiction risks. You are not alone if your substance use has led to Pennsylvania DUI criminal charges. The right, responsible, and best thing for you to do when facing both Pennsylvania DUI criminal charges and a Pennsylvania State Board of Dentistry disciplinary proceeding against your dental hygiene license is to retain our single law firm and its highly skilled and qualified attorneys to defend both proceedings. Retain us to minimize your risks and maximize your best possible outcome.
Elements of Pennsylvania DUI Criminal Charges
To charge and convict you for a Pennsylvania DUI, prosecutors must prove beyond a reasonable doubt each element of the Pennsylvania DUI crime. Pennsylvania Code Title 75, Section 3802(a), defines the basic DUI crime as 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….” The same section provides that a blood or breath alcohol concentration of at least .08% but less than .10% within two hours after operating the vehicle satisfies the DUI crime. The elements of the basic DUI crime thus include:
- that you occupied a vehicle as Pennsylvania DUI law defines a vehicle;
- that you drove, operated, or were in actual physical control of the movement of that vehicle;
- that you imbibed alcohol before driving, operating, or being in actual physical control of that vehicle; and
- that you imbibed enough alcohol to make you incapable of safe driving.
If your DUI charges also depend on showing that your breath or blood alcohol was at least .08% but less than .10%, rather than direct proof that you were incapable of safe vehicle operation, then the elements would also include showing that your breath or blood test established beyond a reasonable doubt that your alcohol concentration met those parameters within two hours of your vehicle operation. This outline does not include other statutory alternatives and exceptions. Let us confirm the precise elements of your DUI charge under your own circumstances.
Alternative Pennsylvania DUI Criminal Charges
Section 3802(b) adds an alternative high rate of alcohol DUI charge based on breath or blood alcohol of at least .10% but less than .16%. Section 3802(c) adds a highest rate of alcohol DUI charge based on breath or blood alcohol of at least .16%. Section 3802(d) adds a controlled substances DUI charge for any amount of certain scheduled drugs or enough of other drugs or alcohol and drugs to impair vehicle operation.
Potential Penalties for Pennsylvania DUI Conviction
The potential penalties for Pennsylvania DUI crimes are progressive and severe, depending on the specific DUI crime charges under the breath or blood alcohol level and the number of prior offenses.
Breath or Blood Alcohol at Least .08% to Less than .10%
A first DUI charge without any prior offenses in Pennsylvania or elsewhere may result in an ungraded misdemeanor conviction, with up to six months of probation, a $300 fine, alcohol safety school, one year of ignition interlock, and the possibility of ordered treatment. A second DUI charge may result in an upgraded misdemeanor with a twelve-month license suspension, five to six months in jail, a $2,500 fine, and the other above penalties. A third or subsequent DUI charge may result in a second-degree misdemeanor conviction, a twelve-month license suspension, ten days to two years in prison, a $5,000 fine, and the other above penalties.
Breath or Blood Alcohol at Least .10% to Less than .16%
At this charge level, a first DUI charge ups the above first-charge penalties to include 48 hours to six months in jail and up to a $5,000 fine. A second DUI charge at this level ups the above second-charge penalties to thirty days to six months in jail and a $5,000 fine. A third or subsequent DUI charge at this level ups the above third-charge penalties to one year to five years in prison and a $1,500 to $10,000 fine.
Breath or Blood Alcohol at Least .16%
At this charge level, a first DUI charge ups the above first-charge penalties to include 72 hours to six months in jail. A second DUI charge at this level ups the above second-charge penalties to ninety days to five years in jail and a $10,000 fine. A third or subsequent DUI charge at this level ups the above third-charge penalties to one to five years in prison and a $2,500 to $10,000 fine.
How We Help Defend Pennsylvania DUI Criminal Charges
Our highly qualified criminal defense attorneys stand ready to defend your Pennsylvania DUI charges. We can identify, gather, and present your exonerating evidence, challenge the constitutionality of your traffic stop and arrest, challenge your breath and blood test results, and cross-examine the arresting officer, toxicologist, and other witnesses to show that the prosecution is unable to establish all elements of the crime beyond a reasonable doubt. We know the ins and outs of Pennsylvania DUI law. We also have the skills, reputation, and relationships to negotiate reduced charges in appropriate cases. Keep in mind that a DUI charge is not the same as a DUI conviction. A charge is only an allegation. We may be able to clear you of the charge, not only to avoid your potential incarceration, fine, and other criminal penalties, but also your dental hygienist license discipline.
Pennsylvania Dental Hygienist License Discipline
It is important to remember that in addition to criminal charges, if you suffer a Pennsylvania DUI conviction, your conviction may result in a Pennsylvania State Board of Dentistry investigation, disciplinary charge, and sanction. Section 4.1 of the Pennsylvania Dental Law authorizes the Pennsylvania State Board of Dentistry to suspend, revoke, or otherwise discipline your dental hygienist license on a long list of disciplinary grounds. Those disciplinary grounds include criminal conviction for a crime of moral turpitude. A first offense DUI charge is not generally a crime of moral turpitude without aggravating circumstances. But Section 4.1’s disciplinary grounds also include being unable to practice as a dental hygienist with reasonable skill and safety due to “drunkenness” or “excessive use of controlled substances.” The State Board of Dentistry may construe your DUI conviction as grounds to investigate your reasonable safety as a dental hygienist due to alcohol or drug abuse. After all, a professional who drives unlawfully may likewise practice unlawfully. Your Pennsylvania DUI conviction could result in State Board of Dentistry sanctions up to suspension or revocation of your dental hygienist license.
How We Provide Defense Against DUI Charges for Pennsylvania Dental Hygienists
Our highly qualified defense attorneys have the skills to provide defense against criminal charges as well as defend your dental hygienist license against a Pennsylvania State Board of Dentistry investigation and any disciplinary charges. Pennsylvania DUI criminal charges proceed in criminal court, while Pennsylvania State Board of Dentistry disciplinary charges are an administrative, not a court, proceeding. Administrative proceedings have different rules, customs, burdens of proof, evidence practices, and procedures. Administrative proceedings can also have a degree of informality that enable our attorneys to arrange conciliation meetings and conferences to explore alternative remedial measures.
Pennsylvania Alternative to Discipline Program
Beware, though, any State Board of Dentistry offer of an alternative to discipline alcohol treatment program. Section 11.6 of Pennsylvania’s Dental Law authorizes the State Board of Dentistry to offer such a program, ostensibly to avoid a disciplinary sanction. Do not sign a consent agreement for such a program without review and advice from our attorneys. Consent agreements commonly require that the dental hygienist or other healthcare professional relinquish the license, suspend practice, and submit to expensive and often unnecessary testing, treatment, courses, monitoring, and reporting. Your violation of the onerous terms of a consent agreement may lead to license discipline that you would otherwise have avoided. Get our help reviewing your better options.
Skilled Pennsylvania DUI Dental Hygienist Defense
If you are a Pennsylvania dental hygienist facing DUI criminal charges and facing or anticipating associated license disciplinary charges, retain the LLF Law Firm Criminal Defense Team for your skilled and experienced defense. Get your coordinated defense in both your criminal court proceeding and administrative disciplinary proceeding. Call 888-535-3686 or chat with us now.