DWI, DUI, and OWI are all ways that the law may refer to driving while under the influence of a substance that affects one’s driving skill, reaction time, and decision-making abilities. Of course, courts loathe laymen’s terms, which can confuse drivers who receive a citation for a DUI in Mechanicsburg, PA. When you consider that some states actually do differentiate between these terms, it’s no wonder many people don’t know who to call when they’ve been pulled over while intoxicated. The answer is simple: Call a DWI lawyer immediately.

Regardless of which term you search for, you’ll end up at the same place. Here in Pennsylvania, there really is no difference between a DWI and a DUI: they’re both commonly used terms to describe the same act. We’ll take a closer look at the laws involved and help you understand what your DUI lawyer (or DWI lawyer, if you prefer) will do for you.

Is a DWI Lawyer the Same as a DUI Lawyer in Mechanicsburg, PA?

DWI vs DUI in Pennsylvania

These abbreviations confuse people because some states make a distinction between them while others do not. In Pennsylvania, they are one and the same. In PA, DUI specifically stands for Driving Under the Influence. Other states use the same abbreviation, but the “I” may stand for impairment. Ultimately, the difference is little more than semantics in Pennsylvania.

That means that in PA, a DWI lawyer is the exact same thing as DUI lawyer. There is no difference, although we would generally recommend you look for a lawyer that advertises themselves as a DUI lawyer. After all, it’s not a great sign when your local law firm doesn’t use the same terms as the local law books. So, what is a DUI in Pennsylvania and what will a DUI lawyer do for you? Let’s inspect the law.

What Constitutes a DUI in Mechanicsburg, PA?

Mechanicsburg police officers abide by Pennsylvania state law when it comes to DUI offenses. By law, a DUI occurs when an individual is operating a motor vehicle, or is in a position where they are able to operate a motor vehicle, and they were found to have a blood alcohol content of 0.08% or higher or to have taken certain drugs. There are some exceptions to these rules, as we will see.

You do not necessarily have to be driving to qualify for a DUI. Sitting in your car with the keys while in an intoxicated state could also qualify. If officers believe you were likely to drive away, they have cause to arrest you for a DUI. To avoid any misunderstanding, we would always recommend you have someone else drive you home or use a taxi service. Being in your car while under the influence can land you in prison.

Three Tiers of Offenses

DUIs in Pennsylvania are split into three categories based on the level of intoxication registered by the officer’s test. General impairment is any level between 0.08% and 0.99%, high impairment occurs between 0.10% and 0.159%, and highest impairment cases are any level above 0.16%. However, if your driving results in injury to others or significant property damage, a judge may levy the penalties associated with a higher level of impairment than what you actually were tested to.

There are also three tiers of penalties for each level of impairment. The second variable to consider is whether or not this is your first DUI offense. First offenses are given much more leniency under PA’s Act 24, signed in 2003. However, repeat offenses come with much stronger penalties. The goal is to rehabilitate first-time offenders and punish those who do not correct their behavior. There are some cases that bypass this three-tiered system altogether, though.

Cases Involving Drugs

While we typically associate DUIs with alcohol, you can also be given a DUI if you are found to be under the influence of drugs. PA law uses the term “controlled substances” to refer to any drug that is scheduled under the controlled substances act. This means that Schedule I substances like marijuana or cocaine will result in a DUI if an officer determines you were under the influence of any of those substances at the time of your arrest.

Even less harmful scheduled substances like prescription medicines, which are often Schedule III or IV, can lead to a DUI if used improperly. If the medicine specifically instructs you not to drive while taking it, that would be grounds for a DUI. Even medicine that is safe to use while driving could get you in trouble if you took too much or combined it with another substance which then produced a state of impairment.

Drug DUI Penalties

Unlike alcohol-based DUIs, Pennsylvania has no tiered system of DUI offenses when drugs are involved. All such cases are automatically given the highest impairment charge, the same as if you had a BAC level above 0.16%. For first offenses, this means you face a year-long license suspension and up to 6 months in prison. Fines range between $1000 and $5000.

It may be possible to reduce these fines and penalties to those seen at the general impairment level, however you will want to sit down with a DUI lawyer and go over the events that led up to the case.

Special Cases

There are some drivers whose DUI cases follow different rules. This is generally because they have an additional responsibility on the road and therefore are treated more strictly. These cases are often subject to a combination of harsher penalties and lower BAC limits.

For instance, school bus drivers can get a DUI with a BAC of just 0.02%! Commercial truck drivers on a CDL can only go up to 0.04%. And anyone under the age of 21 can receive a DUI for even the slightest amount of alcohol since there is a zero-tolerance policy on underage drinking in Pennsylvania.

What Does a DUI Lawyer Do?

A DUI or DWI lawyer’s goal will always be to get you the lightest sentence possible. If there is doubt in the case that could be used to help you win a not-guilty verdict, that is the ideal outcome. However, some cases are clearly stacked against the defendant. When there is ample evidence that you were in fact intoxicated and you did commit a DUI offense, your lawyer can still help you avoid the worst consequences of your mistake.

A lawyer can make a case against high fines, especially when the defendant has a family to provide for. We can also help you keep your license, at least for travel to and from work so you can keep your job. Avoiding jail time is a priority, so many times DUI lawyers will try to negotiate a plea agreement with prosecutors that does not involve any time behind bars. No matter what the situation, a DUI lawyer is a must.

Get the Defense You Need Now

If you’ve been charged with a DUI in Pennsylvania, you should call a DUI lawyer immediately. The faster you act, the more likely you are to avoid the worst possible outcomes. At Jameson Stone Law, we have defended numerous people in central Pennsylvania, and we can do the same for you. Call Jameson Stone Law today to speak to a representative.