For many, the Fourth of July is a way to celebrate with friends, family, and neighbors. Whether you’re going to a barbecue or packing your family up to head to the beach for a long weekend, many look forward to this exciting period. However, regardless of where you’re going, it’s important to understand that this holiday is rampant with those driving under the influence, meaning there is an increased police presence on the road. As such, if you are pulled over and charged with driving under the influence in Pennsylvania, understanding your options is critical. The following blog explores what you should know about these matters, including the importance of discussing your circumstances with a DUI lawyer in Montgomery County, PA to explore potential defenses.
What Constitutes a DUI in PA?
Generally, any time you are discovered driving with a blood alcohol concentration (BAC) of 0.08% or higher, you will be charged with Driving Under the Influence. This is because 0.08% is the legal limit of intoxication. As such, if you are at or over this limit, you can be automatically charged with a DUI, as your BAC is proof enough.
However, you should note that you can still face charges if your BAC is below the legal limit, but the officer determines the amount of alcohol in your system has impacted your ability to drive a car. For example, if you are at 0.05%, but the officer observed you swerving in and out of lanes, they would have probable cause to pull you over, administer a breathalyzer, and charge you with this offense.
It’s also important for drivers under 21 to understand that Pennsylvania, like most states, has a strict Zero Tolerance Policy for underage drinking. As such, those caught operating a vehicle with a BAC of 0.02% or higher will automatically be convicted. This can carry serious penalties, including a license suspension for up to 18 months, the potential for up to six months in jail, and a fine of up to $5,000.
Are There Any Potential Defenses for a Fourth of July DUI?
When facing a DUI charge in Pennsylvania, understanding the defenses you may be able to utilize is critical. Generally, one of the most important aspects of this matter is the legality of the traffic stop. If you and your attorney can prove that the officer had no probable cause to conduct the traffic stop, you can show that this is a violation of your Fourth Amendment rights against unreasonable searches and seizures.
Additionally, you may be able to prove that certain medical conditions for which you have a diagnosis contributed to a false positive result, like GERD or certain types of diabetes.
As you can see, these matters can be incredibly difficult to navigate. That is why working with an experienced attorney at Mudrick & Zucker, P.C. is in your best interest. Our firm understands how complicated these matters can be, which is why we will do everything possible to fight for the best possible outcome. Contact us today to learn how we can help.
