The Pennsylvania Department of Transportation (PennDOT) has been taking increased measure to lower the rate of vehicle accidents among younger drivers. Automobile accidents are the leading cause of fatalities in the age group of 16 to 24. Many of these crashes result from distracted driving, traveling at excessive speed, and operating under the influence of alcohol or drugs.
Underage Alcohol Consumption
The state has increased the penalties associated with underage drinking in recent years. A fine of up to $500 may now be imposed. Underage drinkers may now have their driver's license suspended for 90 days—even if not operating a vehicle at the time. Second-time offenders may now face a license suspension of one year.
Driving Under the Influence of Alcohol § 3802
Individuals are prohibited from driving, operating, or having “physical control of the movement of a vehicle” after consuming alcohol in a quantity that impairs safe operation. Adult drivers may not drive with a blood alcohol concentration (BAC) of .08%. This limitation for those under the legal drinking age is a BAC of .02.
|
Blood Alcohol Content BAC Levels[1] |
|
|
General Impairment |
.08% - .10% |
|
High Level |
.10% - .16% |
|
Highest Level |
Greater than .16% |
|
For Minors |
.02% |
Understanding a BAC of .02%
According to the Indiana University of Pennsylvania, located approximately 60 miles east of Pittsburgh, most individuals will exceed the .02% level by having two drinks. At this BAC level, an individual may experience “lowering of brain functioning” and “impairment of judgment” and may be unable to safely operate a vehicle.
Using a BAC estimation tool we have calculated some examples:
|
Gender |
Weight |
Quantity |
Time Period |
Estimated BAC |
|
Male |
220 pounds |
Two Drinks |
One Hour |
.023% |
|
Male |
180 pounds |
Two Drinks |
One Hour |
.03% |
|
Female |
170 pounds |
Two Drinks |
Two Hours |
.029% |
|
Female |
130 pounds |
One Drink |
One Hour |
.023% |
Driving Under the Influence of a Controlled Substance
Motorists are prohibited from driving, operating, or guiding the motion of a motor vehicle when their blood contains a Schedule I, II or III controlled substance that is not prescribed by a physician. The same applies to metabolites (derivatives) of scheduled controlled substances. The existence of “solvent or noxious” substances in the blood is also prohibited.
Penalties: Underage DUI
- First Offense: Two days to six months in jail, a fine of between $500 and $5,000, and a 12-month loss of driving privileges
- Second Offense: 30 days to six months in jail, a fine of between $750 and $5,000, and a 12-month loss of driving privileges
- Third Offense: 90 days to five years in jail, a fine of between $1,500 and $10,000, and an 18-month loss of driving privileges
DUI Offenders Should Seek Legal Counsel
Even those convicted of a first-time underage DUI may face harsh penalties including jail time and a loss of driving privileges. Having an effective defense attorney representing you is important. Your attorney will review all the evidence against you and create a defense strategy. There may be alternative sentencing options or grounds for negotiation of the charges.
Montgomery County Attorney for Underage DUI Defense
Attorneys with the LLF Law Firm has been representing clients in cases involving underage alcohol consumption, DUI, and other offense for many years in Pennsylvania. You deserve to know that your rights will be protected. Contact the office today for a case evaluation at (888) 535-3686.
[1] https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.038..HTM
