DUI Related Offenses

Driving under the influence (DUI) is a serious offense that becomes even more severe when combined with other charges. Incidents such as causing accidents, injuring others, damaging property, or attempting to flee the scene significantly heighten the consequences. The specific charges and penalties depend on the situation, with the severity escalating based on the number and nature of the offenses. Common charges linked to DUI include hit and run, fleeing the police, public intoxication, and violations of implied consent laws. Below, we’ll break these down for better understanding.

Public Intoxication

Public intoxication is a notable offense in Pennsylvania and is taken seriously under state law. It is illegal to exhibit signs of alcohol or substance influence in public if it endangers oneself, others, or poses general annoyance. Public intoxication is defined by the following behaviors and contexts:

  • Annoying Others: Any disruptive or intrusive behavior that causes discomfort to those nearby.
  • Risking Personal Safety: Actions that endanger the well-being of the individual under the influence.
  • Endangering Others: Behavior that could potentially harm people around.

What is a Public Place?

Under state law, a “public place” refers to any area accessible to the general public, including spaces privately owned but open for public engagement, such as gated communities or apartment common areas. If an individual causes a disturbance in these areas under the influence, they may face charges of public intoxication.

Penalties

Public intoxication in Pennsylvania is categorized as a summary offense. It carries a maximum fine of $500. For individuals facing second or subsequent offenses, the penalty may increase further.

Hit and Run

When drivers cause accidents due to alcohol or drug influence, panic sometimes leads them to flee the scene of the crash. This act, commonly referred to as a hit and run, is treated as a severe offense in Pennsylvania. Law enforcement authorities and the judicial system in Erie County view such behavior with utmost seriousness.

Severity of Offenses

The categorization and penalties for hit and run depend on the circumstances:

  • Property Damage Only: If the accident results in property damage alone, the offender may face a third-degree misdemeanor, which could lead to up to one year of imprisonment and fines reaching $2,500.
  • Causing Injury: If the accident leads to injuries (excluding the driver), the charge escalates to a third-degree felony, carrying up to seven years in prison and a $1,000 fine.
  • Fatal Accidents: Tragically, if the accident results in a fatality and the driver flees, the offense remains classified as a third-degree felony, but the maximum prison term is seven years with fines increasing up to $2,500.

Implications for Drivers

To avoid these harsh consequences, it’s essential to remain at the scene of an accident and contact the authorities. Fleeing only intensifies the severity of charges and penalties.

Fleeing the Police

Hearing police sirens or seeing flashing lights after an accident is undoubtedly stressful. However, attempting to evade law enforcement only compounds the legal issues for drivers. Fleeing the police is a significant offense that Erie law enforcement, judges, and prosecutors treat with the utmost seriousness.

What Constitutes Fleeing?

Under Pennsylvania law, failing to respond to an officer’s signal to stop, whether conveyed via voice, hand gestures, or emergency lights/sirens, can result in allegations of eluding the police.

Penalties for Fleeing

  • Second-Degree Misdemeanor: Fleeing the police is generally classified as a second-degree misdemeanor, punishable by a minimum prison sentence of two years and fines of up to $2,000.
  • Escalation to Felony: If the attempt to flee leads to dangerous high-speed chases, crossing state lines, or if drug or alcohol use is confirmed, the charge upgrades to a third-degree felony, which could entail up to seven years in prison and fines amounting to $15,000.

Additionally, those convicted of fleeing the police may face a driver’s license suspension. The repercussions are significant and long-lasting, demonstrating the importance of compliance during such situations.

The Implied Consent Law of Pennsylvania states that drivers within Erie County and the state who hold a valid license agree to undergo blood, breath, urine, or chemical tests upon request by an officer. While roadside sobriety tests may be declined, refusal of these specified tests can carry serious consequences.

Prosecutors must prove that the officer issued a warning about the implications of refusal before pursuing implied consent charges. Failing to provide this warning nullifies the charge.

Penalties for Refusal

Upon refusal, drivers face:

  • Immediate consequences such as 18-month license suspension for subsequent violations.
  • Established penalties that act as a deterrent to non-compliance.

Seek Expert Representation

Navigating the legal ramifications of DUI-related charges, including public intoxication, hit and run, fleeing police, or implied consent violations, requires an in-depth understanding of the law. For anyone facing these issues in Erie County, it’s vital to consult experienced attorneys.

The Logue Law Group brings unparalleled expertise in DUI and criminal defense. Their Erie criminal lawyers specialize in aggressively protecting client rights. Should you need assistance, the dedicated attorneys at the Logue Law Group are ready to provide relentless representation.

Contact Us Today

Reach out for a free consultation by calling(844) PITT-DUI or submit your query online. The Logue Law Group serves Erie and surrounding areas, offering you compassionate legal support every step of the way.

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