Driving Under the Influence in Pennsylvania

For assistance call Michael G. DeFino: 610-356-4343

The new DUI law, including the changes to the blood alcohol content (BAC) and testing procedures, have the effect of transforming Pennsylvania from a “driving under the influence” state to a “driving after imbibing” state.

The current Pennsylvania Driving Under the Influence Law (DUI) which went into effect on February 1, 2004 is significantly tougher in three aspects: (1) the lowering of the legal blood alcohol content (BAC) for normal driving from .10% to .08%; (2) a new grading system which increases penalties proportional to BAC on driving; (3) a modified testing procedure which prohibits drivers from being .08 or greater within two hours of driving.

The change in the BAC minimum and the testing procedures has the effect of rendering Pennsylvania a result-based state. It is no longer necessary for the Commonwealth to prove that the Defendant is actually under the influence, but it is enough to prove that during any two-hour period after the Defendant was driving, the Defendant’s BAC has reached .08%. In other words, the Commonwealth only has to show that your BAC is .08% or higher and it was within two hours after you were driving.

In addition, a substantial change to the law on chemical testing refusals has taken place. The effect of this change is that the new law now adds penalties, including increased jail time upon conviction of DUI, in addition to a license suspension of 18 months and a presumption that the suspect’s BAC falls under the highest rate of impairment. Finally, the defenses for refusal have been severely limited as well.

Although some Defendants think they can “beat the system” on their own, having an experienced criminal defense attorney on your side is the best way to prevent yourself from becoming another statistic. Selecting the right attorney could mean the difference between suffering the most severe consequence the judicial system has to offer and your freedom.

Michael G. De Fino has successfully handled hundreds of DUI cases in the local and state courts of Pennsylvania, particularly in Delaware, Philadelphia, and Chester County for more than forty years. He has successfully represented clients before judges and juries. When your freedom or that of a loved one is on the line, there is no substitute for a skilled attorney who knows the system and can successfully guide you through it. We can start protecting your interests right away with the utmost confidence and confidentiality.

For assistance call Michael G. DeFino: 610-356-4343