DRIVING UNDER THE INFLUENCE

ALCOHOL & THE LAWS

21 Means 21

You must be 21 to buy, possess, transport, or consume alcohol

DUI

DRIVING UNDER THE INFLUENCE OF ALCOHOL OR A CONTROLLED SUBSTANCE

WHAT CONSTITUTES A DUI?

if you are of legal drinking age (21 or older), you are considered to be driving "while under the influence" if your blood alcohol level is .08 or higher.

But, you also may be convicted of DUI at lower BAC levels, if you are stopped by police for:

driving erratically (too slow, too fast, straddling your lane, making wide turns, stopping for no reason, failing to obey traffic signs and signals, etc.).

ZERO TOLERANCE LAW (UNDER 21 DUI)

The Zero Tolerance law establishes serious consequences for those under 21, who drive with any measurable amount of alcohol in their blood. The law reduced the Blood Alcohol Content (BAC) from .08 to .02 for minors (under21) charged with Driving Under the Influence.

If you are under age 21, Pennsylvania's laws do not permit you to drive with any measurable alcohol in your system. If you are under 21, you are considered to be driving under the influence, if your blood alcohol level is .02 or greater.

Field Sobriety Test

They are scientifically designed to allow trained officers to detect physical or mental impairment from alcohol or other drugs.

Nystagmus-A natural condition in which the eyes involuntarily jerk as they change the direction of their gaze

Divided attention impairment- The inability to perform more than one task at a time. They measure not only your ability to follow simple instructions but also your balance and cognitive skills.

Preliminary breath test (PBT)- This test calls for you to blow into a tube attached to a hand held device that registers an accurate estimate of your BAC. The result can not be used as evidence of

insobriety.http://www.youtube.com/watch?v=_lS7VXJ0S68

CHEMICAL TEST

PENNSYLVANIA'S IMPLIED CONSENT LAW Any Person operating a motor vehicle is “deemed to have given

consent to have his/ her: Blood Breath Urine

Tested for the presence of alcohol or other drugs

You give consent the day you sign your permit. you refuse to take one or more chemical tests of breath, blood or urine,

your driving privilege will be automatically suspended for one year.

Penalties for a DUI

The penalties become more severe for these three (3) things:

the higher your blood alcohol concentration

the more serious the injuries and damages resulting from a crash while driving under the influence

the more times you are convicted for DUI

TABLE 1

Penalty First Offense Second Offense Third Offense

Sentence 6 months probation

5 days to 6 months in prison

10 days to 2 years in prison

Fine $300 $300 - $2,500 $500 - $5,000

License No action 12-month suspension

12-month suspension

GENERAL IMPAIRMENT: .08 TO .099 BLOOD ALCOHOL CONCENTRATION(Note: These penalties apply to drivers of legal drinking age.)

TABLE 2

Penalty First Offense Second Offense Third Offense

Sentence 2 days to 6 months in prison

30 days to 6 months in prison

90 days to 5 years in prison

Fine $500 - $5,000 $750 - $5,000 $1,500 - $10,000

License 12-month suspension

(occupational limited

license after 60-day

suspension)

12-month suspension

18-month suspension

HIGH RATE: .10 TO .159 BLOOD ALCOHOL CONCENTRATION

Note: This table also applies to drivers under age 21 with a BAC of .02 or more and drivers with BAC of .08 to .099 and whoare involved in a crash resulting in serious bodily injury, death, or vehicle or property damage.)

TABLE 3

Penalty First Offense Second Offense Third Offense

Sentence 3 days to 6 months in prison

90 days to 5 years in prison

1 year to 5 years in prison

Fine $1,000 - $5,000 $1,500 $2,500 minimum

License 12-month suspension (occupational limited

license after 60-day

suspension)

18-month suspension 18-month suspension

HIGHEST RATE: .16 BLOOD ALCOHOL CONCENTRATION AND UP

This table also applies to drivers who refuse chemical testing at any BAC level and drivers convicted ofdriving under the influence of Schedule I, II or III substances that are not medically prescribed, a combinationof another drug and alcohol or substances such as inhalants.)

Ignition Interlock

UNDERAGE DRINKING

A fine of up to $500 plus court costs. A 90-day suspension for the first offense. The courts may require you to be evaluated to determine the extent of your

involvement with alcohol

• If you are under 16 years of age, your suspension will not begin until your 16th birthday.

ZERO TOLERANCE LAW (UNDER 21 DUI)

The Zero Tolerance law establishes serious consequences for those under 21, who drive with any measurable amount of alcohol in their blood.

OTHER COSTS of DUI

Death- Vehicular Homicide (Felony)

Auto Insurance Medical Expenses Professional Evaluation Fees-court costs, attorney

fees Loss of Job Social Stigma