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May 23, 2023 · DUI Pennsylvania Laws: The Basics; What Happens When You are Arrested for a Pennsylvania DUI? Penalties for an Pennsylvania DUI; Can You Get DUI Charges Dropped in Pennsylvania?
Most DUI offenses start with a traffic violation like speeding or swerving and there's no question that the motorist was driving or operating the vehicle. However, under Pennsylvania law, the officer doesn't need to witness movement of the vehicle to make a DUI arrest.
The criminal penalties for DUI conviction in Pennsylvania are severe and can impact your life for many years following your arrest. The Pennsylvania DUI law sets forth penalties for conviction at 75 Pa. C.S.A. § 3804. Penalties for a Pennsylvania DUI conviction may include, but are not limited to, the following:
When charged with a DUI in Pennsylvania, you can expect to face both criminal charges and administrative penalties. The criminal charges will be handled in court, while the administrative penalties are related to your driver’s license and will be addressed separately by the Department of Transportation.
The Court relied upon its 1966 decision in Schmerber, where it held that an officer who arrested a DUI suspect at a hospital following an automobile accident lawfully could demand the suspect’s submission to a warrantless blood test because, due to the body’s natural metabolic processes, the officer “might reasonably have believed that he ...
If you are arrested for DUI in Pennsylvania, it is very important that you know about the state’s Implied Consent Law. This law means that you must submit to blood alcohol testing if you are arrested under suspicion of drunk driving. Your refusal to submit to testing will result in a one-year license suspension.
Once a police officer in Pennsylvania stops you under suspicion of DUI, they may arrest you if they have probable cause to believe you were intoxicated at the time of driving. After the arrest, they will take you back to the police station, where you have the option of taking a blood, breath or urine test.
