Spend time traveling between Pennsylvania and New Jersey, you’ll start to notice little differences, on everything from gas pumps to state government.
Another key difference: DUI laws.
Although both states take drunk driving seriously, any Bucks County DUI lawyer can tell you there are some key differences in the way Pennsylvania and New Jersey handle these offenses.
In this blog post, we’ll look at these differences, discuss what you should do when stopped for a DUI in either state and how a Bucks County DUI lawyer can help.
Pennsylvania DUI Penalties
Pennsylvania’s DUI law carries a range of penalties depending on the driver’s blood-alcohol content (BAC). In addition to the threat of jail time and the loss of your license, you run the risk of paying substantial fines and fees.
For first-time offenders:
- Prison term – No minimum jail time required
- License suspension – None
- Ignition interlock – Yes, if you refuse to take sobriety test
For second offenses:
- Prison term – Five days to six months
- License suspension – 12 months
- Ignition interlock – During the period of license suspension
For third offenses and beyond:
- Prison term – 10 days to two years
- License suspension – 12 months
- Ignition interlock – During the period of license suspension
New Jersey DUI Penalties
New Jersey makes distinctions for first time DUI offenders who have a BAC that’s more than 0.08 percent but less than 0.10 percent, and those who have a BAC that’s greater than 0.10 percent.
For offenders with a BAC between 0.08 percent and 0.10 percent:
- Prison term – Up to 30 days
- License suspension – Three months
- Ignition interlock – None
For offenders with a BAC above 0.10 percent:
- Prison term – Up to 30 days
- License suspension – Seven months to one year
- Ignition interlock – Six months to one year following restoration of the license
For second offenses within 10 years:
- Prison term – 48 hours to 90 days
- License loss – Two years
- Ignition interlock – One to three years following license restoration
For a third offense (within 10 years of the second offense):
- Prison term – 180 days
- License loss – 10 years
- Ignition interlock – One to three years following license restoration
Each of these offenses also carry with them a range of different fines and fees. Second and third-time offenders are also subject to a community service sentence.
No matter where you’re driving, the best advice we can give you for avoiding a DUI arrest is to not get behind the wheel when you’re impaired.
But if you do get stopped by the police, there are some steps you can take to help yourself:
1. Agree to be tested
Both Pennsylvania and New Jersey are “implied consent” states, which means drivers who are pulled over for DUI agree to a blood or breath or urine test.
Refusing this test carries its own punishments. In Pennsylvania, you can lose your license for anywhere from 12 to 18 months depending on whether it’s a first, second or third offense. New Jersey penalizes people who refuse to be tested with a seven-month revocation for a first offense, and two and 10-year revocations for second and third offenses.
2. Get your own test
Both states allow defendants to get their own independent blood, breath or urine test, which a Bucks County DUI lawyer could use to challenge the prosecution’s case.
3. Make a record
Try to note everything you can about your arrest. Where/when were you pulled over? What did the police tell you about why they stopped you? Did they give you a breath test or any field sobriety tests? What did you tell police about how much you had to drink?
Once you’ve made your record, talk to a Bucks County DUI lawyer to help you come up with defense strategies, examine evidence and ensure your arrest was handled properly.
If you need a DUI lawyer, Bucks County’s Penglase & Benson is ready to help you. Contact us today to schedule an appointment. Our team is ready to help you bring your case to the best possible conclusion.
