In the grand scheme of the rest of the country, the state of Pennsylvania is known to have some of the strictest and most complex laws for DUI-related offenses. The purpose of these rules is not only to punish those who choose to break them, but to discourage drivers from engaging in behavior that could put lives at risk.
One aspect of DUI law that the state seems to take seriously is that of zero tolerance for drivers under 21 years of age. Charles Nistico of the firm Nistico Roberts, P.C. is a Pennsylvania-based DUI attorney with more than 30 years of experience under his belt, and according to him, the state’s zero tolerance laws come with some harsh penalties for those who choose to violate them.
Pennsylvania’s zero tolerance laws state that it is absolutely illegal for a person younger than 21 to operate a vehicle with any trace of alcohol in his system. The logic is fairly simple: Since people who are under 21 shouldn’t be drinking in the first place, there’s no reason for them to wind up in situations where they have no choice but to drink and drive. According to Pennsylvania regulations, for zero tolerance purposes, a blood alcohol level of .02% is enough to establish that an under-21 driver is in violation of the law. (For those who are 21 years of age or older, it takes a .08% blood alcohol reading to surpass the legal limit). Why .02% and not .00001%? The reason for this slight degree of flexibility is that some medications do contain trace amounts of alcohol that might elevate a person’s level to .01%. Although the law is designed to motivate young drivers to engage in safe driving practices, it must account for the fact that minute levels of alcohol – ones that clearly did not come from wine, liquor, or beer – ought to be forgiven. However, when it comes to zero tolerance practices, such leniency only goes so far.
If a person under the age of 21 is suspected of driving while under the influence in Pennsylvania, then an officer will likely choose to give a blood alcohol test, even if the individual in question isn’t displaying signs of being overly intoxicated. If the test ends up indicating that the driver has a blood alcohol concentration (BAC) of .02% or higher, then he is likely to find himself faced with some serious charges. For a first-time offense, the minimum penalties can include a $500 fine plus all associated court fees, as well as a 90-day suspension of his driver’s license. And for follow-up offenses, the punishments only tend to go up.
Although most Pennsylvania residents might be aware of the fact that those under 21 have little leeway as far as DUI charges are concerned, many don’t realize that the state’s zero tolerance laws don’t just apply to younger drivers, but to commercial drivers as well. If a commercial driver is found to have a blood alcohol level of .02% while operating a vehicle, then he can end up facing full-fledged DUI charges as a result.
Although most states don’t tend to look kindly upon DUI offenders, Pennsylvania happens to be particularly harsh when it comes to drinking and driving. Therefore, if you live in Pennsylvania, then do yourself a favor and make a policy of only driving sober. And if the idea of keeping yourself and other innocent people safe isn’t enough to motivate you, then consider the heavy consequences involved in violating the state’s DUI laws, no matter how old you are.
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.
