Driving while under the influence of mind-altering substances is a crime that leads to over 10,000 deaths annually in the United States. This has led to more arrests, greater scrutiny, and charging of people capable of driving and, often, not even remotely under the influence. When you’re unjustly charged with a DUI/DWI, you can face severe penalties that can drastically affect your life, sometimes permanently, but Scranton DUI/DWI attorneys can help.
DUI stands for driving under the influence, and DWI stands for driving while intoxicated. They are essentially the same charge: driving while mind-altering substances are affecting your cognitive senses, including but not limited to thought, touch, sound, smell, and sight.
The most common substance that leads to DUI/DWI charges is alcohol. It is the only substance that’s legal in all 50 states for recreational consumption, but this is not the only substance that leads to DUIs. Other substances include:
Law enforcement has many different ways to test sobriety. Some are standardized tests that they are trained to use to determine if someone isn’t sober. There are also common, non-standardized tests that many members of law enforcement will utilize if standardized tests fail and the person still seems intoxicated.
Pennsylvania has a tiered system for DUI/DWI penalties. First, it judges you based on how impaired you are, with three tiers: General Impairment (.08 to .099% BAC), High BAC (.10 to .159% BAC), and Highest BAC (.16% and higher). BAC stands for Blood Alcohol Content, which is the percentage of alcohol in your blood.
After judging you based on your alcohol content, you’re judged based on how many previous DUI offenses you have. If someone was injured, you can be charged with another crime, such as assault, endangerment, or manslaughter depending on the injury.
If you have no prior DUI/DWI offenses before the current charge, you potentially face:
If you have 1 prior DUI/DWI offense before the current charge, you potentially face:
If you have 2 or more prior DUI/DWI offenses before the current charge, you potentially face:
If you have no prior DUI/DWI offenses before the current charge, you potentially face:
If you have 1 prior DUI/DWI offense before the current charge, you potentially face:
If you have 2 DUI/DWI offenses before the current charge, you potentially face:
If you have 3 or more prior DUI/DWI offenses before the current charge, you potentially face:
If you have no prior DUI/DWI offenses before the current charge, you potentially face:
If you have 1 prior DUI/DWI offense before the current charge, you potentially face:
If you have 2 or more prior DUI/DWI offenses before the current charge, you potentially face:
It’s important to know that while law enforcement will use sobriety tests to prove that you are under the influence, these are inadmissible in Pennsylvania courts. This is mostly due to how many sobriety tests cannot be trusted, with many false positive and negative results.
The problem with many of the tests is that their results can be conflated with several other factors. Factors such as pre-existing medical conditions, being overweight, age, the environment, stress, anxiety, and more can all affect someone’s ability to pass sobriety tests
If you have been charged with a DUI/DWI in Scranton or its neighboring areas, the DUI/DWI attorneys of Lermitte & Lubin can help you. The consequences for DUI/DWIs are varied and extensive and can leave a long-lasting effect on your life. Don’t risk going in alone, contact our Scranton law firm. We’re ready to be in your corner.
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