One of the trickiest things about practicing law in general throughout the United States is the fact that legal matters tend to vary from state to state. In fact, there’s a reason why most attorneys who pass the bar exam end up only being able to practice in one or two states – it would be difficult to familiarize oneself with the legal nuances of every single state in the country.
When it comes to DUI law, the state to state variation pattern can certainly come into play. While DUI is regarded as a serious offense throughout the country on a whole, each state has its own method of charging, convicting, and punishing offenders for driving while under the influence of alcohol or drugs. Charles Nistico of the firm Nistico Roberts, P.C. is an experienced DUI attorney who has been serving Pennsylvania’s Philadelphia, Chester, Delaware, Montgomery, and Bucks counties for more than three decades, and he thinks that anyone charged with DUI ought to understand the consequences involved based not only on the incident in question, but where it actually occurred.
The guidelines for DUI charges are actually fairly uniform throughout the United States. According to federal law, anyone found operating a vehicle with a blood alcohol concentration of .08% or more can be charged with driving under the influence of alcohol. The .08%, however, only represents the lowest end of being above the legal limit. For situations involving blood alcohol concentrations exceeding this mark, the classifications – and associated punishments - vary greatly from state to state.
In Pennsylvania, a Tier 1 DUI offense is applicable for those caught driving with blood alcohol content (BAC) levels of .08% up to .099%. A Tier 2 DUI offense involves BAC levels of .10% up to .159%, and for a person to be charged with a Tier 3 DUI offense, his BAC level needs to be .16% or higher. As one might expect, the higher a DUI tier conviction is, the greater one’s punishment is likely to be. However, it’s important to realize that the tier system can vary from state to state; a tier 2 offense in one state might be a tier 1 offense in another, and vice versa.
Although the consequences involved in a DUI conviction will be based on the associated tier, the method of punishment will also fluctuate based on the laws of each particular state. While some states might impose longer license suspensions but less jail time for each level of offense, others might penalize those convicted with shorter suspensions but additional jail time. The penalties for subsequent convictions can also vary based on location. In some states, a second offense might come with harsher consequences than a third offense in another. For this reason, anyone charged with DUI needs to find a lawyer who is familiar with the standards and punishments of the state in which the incident occurred.
Finally, when it comes to submitting to a blood alcohol test, most states have implied consent laws that essentially give drivers no choice but to submit to testing when asked or risk facing potentially harsh consequences. Although these implied consent laws are not present in every state, it’s important for the average driver to realize that just because his state does not impose such regulations does not mean that he’s perpetually off the hook as far as blood alcohol testing goes. If an out-of-state driver is asked to submit to a blood alcohol test in Pennsylvania, then it doesn’t matter if his home state doesn’t have implied consent laws; he is still obligated to abide by the implied consent laws that are enforceable in Pennsylvania, and failure to do so could result in serious penalties.
Driving under the influence is a serious offense no matter which state it occurs in, but when it comes down to the letter of the law, every state is truly unique. If you’re charged with DUI either in your home state or in another, then you’ll need to find an attorney who is intimately familiar with the ins and outs of the local system. After all, when it comes to DUI charges, one thing all 50 states can agree upon – you have every right to hire a lawyer and put up the best possible fight.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
