DUI Related Offenses

Driving under the influence (DUI) is a significant offense that often comes with a variety of related charges. When a driver causes an accident, inflicts injuries, damages property, or tries to leave the scene, the severity of a DUI escalates. The charges a driver might face depend on the details of the incident, and the number of offenses can significantly increase the penalties. Common charges associated with DUI include hit and run, fleeing the police, public intoxication, and implied consent violations.

Public Intoxication

In Pennsylvania, being visibly intoxicated in a public area is illegal if it poses a risk to oneself or others. Public intoxication is characterized by behaviors such as:

• Annoying people nearby
• Endangering oneself
• Threatening the safety of others

“Public place” refers to any area accessible to the general public, even if privately owned, such as a gated community or an apartment complex’s shared areas. Causing a disturbance in such locations can lead to charges of public intoxication. In Pennsylvania, public intoxication is a summary offense and can incur fines up to $500, with higher fines for repeat offenses.

Hit and Run

When a driver realizes they’ve caused an accident due to drugs or alcohol, panic can set in, leading some to flee the scene—a decision that can lead to even harsher penalties later. The legal system takes hit and run incidents very seriously.

The gravity of a hit and run offense—whether it’s a felony or misdemeanor—varies based on the details of the case. If only property is damaged, the charge may be a third-degree misdemeanor, leading to up to a year of imprisonment and fines as high as $2,500. However, if injuries occur to anyone other than the driver, the charge elevates to a third-degree felony, carrying penalties of up to seven years in prison and fines up to $1,000. Tragically, if the accident results in a fatality and the driver flees, this too is a third-degree felony, with imprisonment up to seven years and fines reaching $2,500.

Fleeing the Police

Hearing sirens and seeing flashing lights after causing an accident can be terrifying, especially if drugs or alcohol were involved. The impulse to flee can result in serious charges of fleeing the police. This offense is heavily scrutinized by law enforcement and the judicial system.

Even absent an accident, failing to stop when signaled by an officer can lead to charges of eluding the police. Signals include hand gestures, the officer’s voice, or sirens and emergency lights. Ignoring these signals can lead to charges of fleeing and eluding, typically a second-degree misdemeanor with a minimum jail term of two years and potential fines up to $2,000. If the situation escalates to a high-speed chase, crosses state lines, or involves substance influence, the charge increases to a third-degree felony, punishable by up to seven years in prison and fines of at least $15,000. Additional consequences include possible suspension of the driver’s license.

Implied Consent Law 

Pennsylvania’s Implied Consent Law requires drivers to submit to blood, breath, urine, or chemical testing when requested by an officer. While refusal of roadside sobriety tests is allowed, other tests cannot be declined. Before charging a driver with implied consent violations, prosecutors must prove the officer warned the driver about refusal consequences. Without a warning, charges cannot proceed, but refusal results in an 18-month license suspension.

If you’re facing any of these charges, it’s vital to consult with a knowledgeable Kittanning DUI attorney. Sean Logue and his team at Logue Law Group are experienced Kittanning criminal attorneys with the skills necessary to handle your case. They will rigorously challenge the prosecution to achieve the best possible outcome for you. Contact them for a free consultation at (844) PITT-DUI or reach out online. Logue Law Group serves Kittanning, Ohio, and West Virginia, offering steadfast advocacy and support.