Pa Dui Law

Police: Money cutback won't deter Pennsylvania DUI arrests

The federal government reduced money for drunken-driving enforcement in Pennsylvania by about a third for 2011, but law enforcement officials say the cutback should not greatly affect the number of DUI arrests.

PennDOT received $4.2 million from the National Highway Traffic Safety Administration for the fiscal year that began Oct. 1, to cover state and local police costs for DUI enforcement, spokeswoman Erin Waters said. That amount is down from almost $6.3 million in 2010.

"We're grateful that we're getting the funding we are getting," Waters said.

Money for Allegheny County fell to $403,971, down from $598,626 in the last fiscal year, records show.

Most DUI arrests come from daily police work, officials say. About 20 percent of the more than 52,000 DUI arrests in Pennsylvania in 2010 happened as a result of federally funded operations, Waters said.

The federal grant money pays police overtime compensation for DUI checkpoints and roving patrols and covers some equipment, training and other costs, Waters said.

The coordinator for Pittsburgh's DUI task force said money for enforcement was cut almost in half for 2011 -- from $182,000 to $99,950 -- and DUI operations were scaled back as a result.

The overall number of arrests likely will decrease as enforcement activities decline, but federally funded checkpoints and roving patrols produce a small percentage of total arrests, said Pittsburgh police Sgt. Terry Donnelly, who coordinates the city's DUI task force.

Roving patrols were reduced from 11 to eight for 2011, and checkpoints fell from 12 to seven, Donnelly said. A program that targets locations where underage individuals would buy alcohol also was cut, he said.

Pittsburgh's task force made 120 DUI arrests with federal money last year and 42 arrests so far in 2011, Donnelly said.

"I wouldn't say we're done because we're losing funds," police Cmdr. Scott Schubert said. "It's not going to stop us from doing our job."

Mt. Lebanon police Lt. Michael McMurtrie said the Mt. Lebanon Area DUI Task Force lost more than $18,000 in the last year and reduced the number of checkpoints from eight to five. The task force cut mock checkpoints, where no arrests are made, and slashed other equipment costs, he said.

The task force, made up of 10 police departments, was not one of the hardest-hit in the area, McMurtrie said. He predicts police will catch drunken drivers with or without checkpoints.

DUI Law in Pennsylvania | DUI Lawyers

As it applies to alcohol, the illegal amount is measured through one’s blood alcohol concentration, or “BAC.” In Pennsylvania, there are 3 categories for BAC’s. First, for all drivers, regardless of age, it’s illegal to drive with a BAC of 0.08% or higher. This means that 0.08% of your blood is alcohol . Second, any minor, under twenty-one years of age, may not drive with a BAC of 0.02% or higher. This is Pennsylvania’s “Zero Tolerance” policy. Third, for commercial or school bus drivers, it’s illegal for a commercial driver to drive with a BAC 0.04% or higher, and it’s illegal to drive a school bus with a BAC of 0.02% or higher.

What Factors Determine the Seriousness of Your DUI?

Once you’re stopped and arrested for Driving Under the Influence (DUI), there are a couple of factors to consider in determining the seriousness of your case. The first factor involves the BAC. The second factor involves prior offenses.

As mentioned above, if a minors, commercial driver, and school bus drivers may violate the law with a BAC of less than 0.08%. In addition, if ANY driver has a BAC of 0.08% or more, then the penalties change as the BAC goes up. There are 3 tiers of BAC’s above 0.08%.

0.08% – 0.099% (General Impairment)= 0.10% – 0.159% (High Rate) 0.16% and higher (Highest Rate)

Now this is a very important section of this particular topic. Once the BAC is determined to be above 0.08%, the penalties also vary based on prior offenses. According to the PA Vehicle Code, if you have more than one DUI conviction , the penalties become increasingly worse with every subsequent conviction.

What About a DUI for Drugs?

The Pennsylvania Vehicle Code also covers driving while under the influence of a Controlled Substance/Drugs. According to the Code, it’s illegal for anyone to drive under the influence of a Schedule one Controlled Substance, a Schedule two Controlled Substance without a medical prescription, or any metabolite of a Schedule one or two substance in the blood. Controlled substances include various drugs including marijuana, cocaine, inhalants, crack, mushrooms, LSD, some anti-depressants, cold medicine, etc. In spite of this, it’s illegal for someone to drive while under the influence of a combination of drugs or a combination of drugs and alcohol when the combination impairs your ability to drive safely. Finally, it’s illegal to drive under the influence of any solvent or noxious substance. For example, you can’t drive after huffing chemical glue or inhaling any other chemical in gas form. There is no measuring system for this like a BAC. Therefore, the presence of drugs must be proven through the arresting officer’s observations. The Prosecutor must use blood samples to prove the presence of drugs and alcohol. The Prosecutor must also present evidence to prove that the drugs and alcohol were causing unsafe driving. This may be done by drawing inferences and the Prosecutor doesn’t have to show the precise link between the drugs/alcohol and the impaired driving.

American law reports, second series, supplemental cases analyzed and classified. Later case service

Pennsylvania DUI manual 1999, an in-depth guide to the complexities of DUI law

Atlantic reporter, Second series

Defending DUI and Related Cases Vol 2 2009 Edition

Waging the battle against drunk driving, issues, countermeasures, and effectiveness