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Federal Agency Seeks to Lower BAC Threshold for a DUI

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It has recently been reported that the National Transportation Safety Board (NTSB) has recommended reducing the legal limit to a blood alcohol content (BAC) of .05 for a DUI.  In making this recommendation, the agency suggests that the risks of a fatal crash have more than doubled once a person's BAC reaches this threshold.  There has been no indication to this point that legislators intend to act on this recommendation by lowering the legal limit for Driving Under the Influence of Alcohol.

The Legal Limit for DUI in PA

Currently, under Pennsylvania DUI law, the legal limit is a blood alcohol content of .08.  Once a person reaches this minimum BAC threshold, they are presumed to be incapable of safely driving an automobile.  

Additionally, the DUI Penalties a person could face upon conviction are determined by the tier their BAC falls into and the number of prior DUI convictions (or lack thereof) within the previous 10 years.  A prior ARD (successful completion of the Accelerated Rehabilitative Disposition Program under PA law or equivalent program in another state) for driving under the influence is included in calculating prior convictions for sentencing purposes.

A conviction (entry of a guilty plea or verdict) for drunk driving carries mandatory minimum jail time under PA law, even for a first offense.  Consequently, a person charged with a DUI should immediately seek the assistance of counsel.

Hiring a DUI Defense Lawyer

When you or someone you care about has been charged with drunk or drugged driving, you should seek the assistance of a knowledgeable and experienced DUI Defense Attorney.

Not all attorneys are created equal.  Just because someone is willing to handle your DUI case does not mean they are the right solution to your problem.  Experience Matters.

When looking for an attorney to represent you on a DUI charge, you should obtain a consultation and ask the following:

  1. Do you regularly handle DUI cases?
  2. How long have you been defending DUI cases?
  3. Have you handled cases in the county where my charges are pending?
  4. Have you negotiated agreements, as well had cases where you challenged the traffic stop, arrest, or the sufficiency of the evidence at trial?
  5. What is the strategy for achieving the goals in my case?

Once you have obtained a response to these questions, you should ask yourself:

  1. Is the attorney experienced and knowledgeable in DUI defense?
  2. Did the lawyer provide direct answers to my questions?
  3. Was the attorney candid and honest?
  4. Does the lawyer have a website with testimonials from prior clients?  If so, review the testimonials and determine how their experiences align with what you are looking for in an attorney.

When you are facing DUI charges, your rights, your freedom, and your life are on the line.  Don't leave the outcome to chance.  Do your homework and align yourself with an experienced professional.


About the Author:

DUI Defense Lawyer Shawn M. Curry is an experienced professional dedicated to helping people accused of drunk driving protect their rights, defend their freedom, and restore their life.  He is committed to providing personal attention and individualized case strategies backed by proven results.  Shawn prides himself in providing candid and honest case evaluations throughout the process.

For nearly 10 years, Attorney Curry has regularly handled DUI cases through various dispositions from ARD to Pleas to Suppression, Trial, and Appeal.  During that time, he has helped people in every county throughout Central and South Central PA.  Shawn has advanced his knowledge in the field of DUI defense by attending state and national DUI seminars.  He has also obtained training in Standard Field Sobriety and Breath Testing.

Contact Shawn Curry Law today.

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Shawn Curry Law
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