In Pennsylvania, there are two main ways that a person may be convicted for driving under the influence (DUI).
The first way is to consume “a sufficient amount of alcohol” to render the person incapable of safe driving. In such cases, the prosecutor must show a nexus, or link, between the bad driving and the consumption of alcohol.
The second and more common way is for the person’s blood alcohol content (BAC) to be at least .08 percent within two hours after driving. BAC is measured by dividing grams of alcohol by 100 milliliters of blood. Police use breath, blood, and urine tests to determine a driver’s BAC level.
Penalties for a DUI become more severe with increased BAC levels. A BAC of at least .08 percent but less than .10 percent is considered a “general impairment.” A BAC of at least .10 percent but less than .16 percent is considered a “high rate of alcohol.” A BAC of .16 percent or higher is considered the “highest rate of alcohol.”
To speak with a Pittsburgh DUI lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.