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Mans Fifth Dui Arrest Raises Discussion On Relevant Pa Laws

Recently, a New Jersey man was charged with his fifth DUI in five weeks. Because of the man’s series of drinking and driving arrests a New Jersey state legislative committee has proposed a special bill that would impose a higher amount of bail on someone who is arrested for DUI more than once within 60 days. While the proposed law has no bearing in Pennsylvania, it is important to look at the laws in our state for a similar situation.

In Pennsylvania, a first-time arrest for driving under the influence is generally a misdemeanor, and first-time offenders usually face probation instead of jail time. However, if a person in Pennsylvania is pulled over with a high blood alcohol content or has a prior drinking and driving offense on his or her record, criminal penalties can quickly increase. A driver with a blood alcohol content of 0.10 percent or higher can face jail time, 12 month license suspension, fines, alcohol treatment, and safety school. A driver with a prior DUI offense faces similar but harsher penalties and may be required to use an ignition interlock. Penalties become stiffer and stiffer the higher the blood alcohol content at time of arrest or the more priors a driver has.

According to The Inquirer, current New Jersey law considers drunken driving a traffic offense and as a result judges cannot impose bail. The proposed change to the law would change drinking while driving to a fourth-degree crime and would allow judges to impose a higher bail than the limit assigned to crimes of that level. The bill would allow judges to impose bail up to $10,000 on drivers who are arrested for DUI more than once in 60 days.

Safety advocates say even though Pennsylvania and New Jersey have different legal approaches to drinking and driving, the effectiveness of the two systems are about the same. However, advocates believe there is room for improvement and are pushing for ignition interlock devices for first-time offenders.

Source: philly.com, “Distracted Driver, DUI Penalty Bills Advance in New Jersey,” Joelle Farrell, June 8, 2012