Typically most people think of alcohol when they hear of the charge DUI. What they don't realize is that controlled substances and over the counter medication can both lead to a conviction for DUI as well.
In Pennsylvania the sentence for a DUI conviction is based partially on the rate of your blood alcohol content. The higher the content, the more lengthy the sentence. For alcohol the levels are .08-1.0, 1.0-1.6, and then 1.6 and above. For a first time conviction the punishment ranges from probation and a fine for a BAC of .08-1.0 to 72 hours of incarceration, a $5,000 fine and a license suspension for a BAC of 1.6 and above. If however your driving is impaired due to controlled substances or over the counter medication you will be placed automatically in the highest tier for sentencing purposes.
Pennsylvania follows a per se which means any drug on a specific list is an automatic DUI charge in the Highest Impairment Tier (a BAC of over .16%). If you are found with a drug on this list in your system you can be convicted the same as if you had marijuana, heroin, cocaine or any other illegal controlled substance in your system.
Over the counter medication can lead to a DUI conviction as well. Many over the counter medications contain warning labels on their packaging cautioning you that the medication causes drowsiness and warning that you should not drive or operate machinery while taking the medication. These drugs effect your ability to drive and alert you to this fact. If you are stopped for erratic driving and fail a field sobriety test due to the effects of these drugs a blood test will reveal the concentration level in your system. If this concentration is above the therapeutic range, you will be charged with DUI. Even if its not, if a police officer can form the opinion that you were under the influence of a drug, to such an extent that it rendered you incapable of safe driving, you will be charged even without a blood test. Sleep medication such as Ambien have led to convictions so it is important to not drive when taking any over the counter medication containing driving warnings.
Taking drugs or over the counter medication can lead to serious consequences. It is important to seek the assistance of an experienced criminal attorney when charged with DUI due to drugs or controlled substances.
Last year was a bad year for DUI crashes in Pennsylvania. According to state police, troopers responded to more than 5,100 DUI-related accidents in 2017, a 14 percent jump from the previous year.
There’s change in the air when it comes to Pennsylvania marijuana laws and drug crimes. Earlier this month, the state began allowing people with medical marijuana cards to buy marijuana in dry leaf f
By now you might have read the story of Tasha Lynn Schleicher, whom police have described as “one of the worst DUI offenders in the United States.” Earlier this month, Schleicher, of Minnesota, was a
Spend time traveling between Pennsylvania and New Jersey, you’ll start to notice little differences, on everything from gas pumps to state government. Another key difference: DUI laws.
The term “parole” dates back to the Medieval era, and comes from the French word for “speech,” although a more exact meaning is “word of honor.” Long before the modern criminal law system came into b
The phrase “tough on crime” means different things in different parts of the world. For example: In the United States, the federal sentence for most first offense drug possession charges is less than
DUI enforcement in Pennsylvania entered unchartered territory this summer with the arrival of what’s known as the “ignition interlock law.” The law, which went into effect in August, affects both lic
Roughly 1/3 of all people arrested for driving while under the influence will go on to re-offend, according to the U.S. Department of Transportation. To combat this problem, lawmakers around the coun
As Bucks County attorneys who have witnessed the consequences of being tangled up in the Pennsylvania legal system, we can say with absolute sincerity that we hope you never find yourself being arrest
If you’ve spent any time on Bucks County’s roadways in the past few years, you’ve probably seen the billboards: “Buzzed driving is drunk driving.” The message is clear: “I wasn’t that drunk” isn’t a
© Penglase & Benson, Inc.
