breathalyzer test in front of car

Driving while drunk is never a good idea. Studies show that drivers with a BAC of .08 are 4 times more likely to crash their car than drivers with a BAC of zero. While .08 is the legal limit, people may not know that it is possible to get a DUI with a BAC under the limit. If you are being charged with intoxicated driving, reach out to a skillful York County, PA DUI attorney for representation and advice during your case.

What is a DUI?

A DUI (Driving Under the Influence) is a criminal charge that an individual may receive after operating a motor vehicle while under the influence of drugs or alcohol. These substances make it impossible to drive a car safely as their effects:

  • Delay reaction times
  • Reduce vision and visibility
  • Affect depth perception
  • Cause reckless and risky behavior
  • Hinder judgment
  • Impair coordination and motor skills

If you are caught driving while under the influence you can face various consequences and legal repercussions.

What is a BAC?

A BAC (blood alcohol content) is a measurement that shows the concentration of alcohol in an individual’s bloodstream. This number can be determined in several ways, the most common being a breathalyzer or blood test.

The legal limit of blood alcohol that generally allows individuals to drive a car is .08. However, driving while impaired is illegal regardless of blood alcohol content.

Can I Get a DUI With a BAC Under .08?

Even if a breathalyzer test showed your BAC under .08 there is potential for you to receive a DUI. Because everyone’s body responds differently to alcohol, a person may be intoxicated beyond a safe amount but still show a BAC lower than the legal limit.

There are three types of alcohol DUI charges in Pennsylvania: general impairment, high rate of alcohol, and highest rate of alcohol. Under state law, an individual is not permitted to drive, operate, or be in physical control of a vehicle with a BAC of .08% or greater.

However, according to that same law, it is illegal for an individual to drive, operate, or be in physical control of a vehicle after consuming alcohol in an amount that renders the individual incapable of safely operating the vehicle.

This means that regardless of the results of a breathalyzer test, as long as the individual is impaired they can be charged with a DUI.

What Are the Penalties for a DUI in PA?

A first-offense DUI with a BAC of .08 to .099 or for general impairment is a misdemeanor offense. It can result in:

  • Up to 6 months probation
  • Fines of up to $300
  • 1 year required use of an ignition interlock device
  • Mandatory alcohol highway safety education

A subsequent offense or one with a high BAC will result in more severe consequences. If you are facing DUI charges it is important to obtain representation. Reach out to an experienced attorney today for more information.