Perhaps you decided to head over the border from New Jersey and spend a nice relaxing weekend in the Poconos; or maybe you’re traveling cross-country and are passing through I-80 en route to your target destination. Whatever your reason for driving in Pennsylvania might be, you can probably count on two things – road construction, and a strict set of DUI laws. As far as the latter is concerned, many out of state drivers tend to be caught off-guard at how vigilant some areas of Pennsylvania tend to be. In a state that takes DUI matters extremely seriously, it’s not uncommon for police officers to perpetually be on the lookout for those who might choose to violate such strict regulations.
When it comes to actually following the law, some people are of the impression that if they don’t happen to live in a particular state, then they aren’t obligated to abide by its rules. 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 30 years, and according to him, certain aspects of Pennsylvania DUI law must be upheld, regardless of whether or not you live there.
For starters, a DUI charge is a serious offense no matter what. If a Pennsylvania police officer pulls you over because he suspects you of drunk driving, then you essentially have no choice but to cooperate, even if you’re not a local resident. In fact, when it comes to giving blood alcohol tests, Pennsylvania is one of those places that operates under implied consent laws. By driving a car in the state of Pennsylvania, you are technically agreeing to submit to a blood alcohol test when asked by a law enforcement agent. Even if your home state does not have implied consent laws in place, you are still obligated to abide by the practices in Pennsylvania for as long as you happen to be driving there.
What happens if a person refuses to take a blood alcohol test in Pennsylvania? For local residents, the penalty for refusal is an automatic one-year license suspension. However, out of state drivers have it a bit easier on this front. If you decide not to cooperate with an officer’s request to give a blood alcohol test, then you will lose the ability to operate a vehicle in the state of Pennsylvania for a year’s time. However, this particular suspension will not affect your license on a whole and will be limited to Pennsylvania alone (a fact that may or may not upset you or impact your life in any way).
What about a Pennsylvania DUI conviction? If you are found guilty of having been driving in Pennsylvania while under the influence of drugs or alcohol, then your home state will probably take some sort of action towards suspending your license once it receives your notice of conviction. The penalties involved tend to vary from state to state, but don’t assume that a DUI conviction in Pennsylvania won’t produce any consequences as far as your license is concerned. Although Pennsylvania happens to be particularly strict when it comes to DUI offenses, most states don’t tend to be fond of people who drink and drive.
While Pennsylvania’s DUI laws might not have quite the same impact on your out of state license as they do for local residents, it’s still wise to proceed with caution when driving through Pennsylvania. Between those strict guidelines and all of that construction, your best bet is to play it safe whenever you find yourself on a Pennsylvania road.
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.
