Pennsylvania Drunk Driving Laws - Assignment Example

Pennsylvania Drunk Driving Laws In September of 2003 Pennsylvania Governor Edward G. Rendell signed into law the newPennsylvania Drunk Driving statute which brought the state into compliance with federal government mandates. The piece of legislation approved by the State Senate Bill 8, which passed with a vote of 47 to one, became law effective immediate upon the Governor's signature. However, the changes to the penalty portion of the new law became effective on February 1, 2004 ("Press release", 2003, screen 1). According to the Governor the new law: is comprehensive legislation that gets tough on repeat offenders and drivers with the highest blood-alcohol content levels, while at the same time focusing on drug and alcohol treatment and evaluation that will not only bring the Commonwealth into compliance with a federal mandate, but can help save lives ("Press release", 2003, screen1). In 2003 alone there were 1,577 deaths resulting from automobile accidents on Pennsylvania highways. According to Weitz and Luxenberg (2006) in more than three out of 10 of those deaths or roughly one third of all traffic fatalities alcohol was involved. Of all these deaths, 1,169 of them were passengers not the driver. Figure 1: PA Deaths (Weitz & Luxenberg, 2006,screen 1) With the passage of Senate Bill 8 and the signature of the governor, Title 18 (Crimes and Offenses) 75 Pa. CS [3802] became the new law for Driving under the Influence of Alcohol or Drugs in Pennsylvania. The new law made sweeping changes to many aspects of this statute. Most notably, the limit for conviction for DUI was lowered from .10 to .08 percent blood alcohol content (BAC) which brought Pennsylvania in line with the guidelines established by the federal government. Another sweeping reform to the new law is found in its three tier system. For the first time there are variant levels enforcement based on the drivers BAC. These tiers are: .08 to less than .10; .10 to less than .16; and .16 and above (Madigan et al., 2003, screen 1). The varying tiers have increasing penalties for both repeat and first time offenders. All people arrested now with a BAC of .16 or greater regardless of whether a first offender or a repeat offend will be required to undergo a full drug and alcohol abuse assessment with no exceptions. If they are found to be dependent, in addition to other sanctions imposed, the court can order them to undergo an approved drug and/or alcohol treatment program. Additionally, as BAC level rise and/or the person are a repeat offender, the fines imposed are increased dramatically. Another change with the new legislation is the requirement for repeat offenders to have an ignition interlock system installed in their vehicle when they are eligible for a return of their license. The cost of installation rests with the offender. This type of system requires the driver to breathe into a tube which is, in effect, a breathalyzer, if alcohol is detected the system will not allow the car ignition to engage. This ignition interlock system is required to be maintained within the vehicle for one year upon receipt of their provisional driving privilege reinstatement. If a defendant is eligible for reinstatement of his driving privileges but does not have the locking system installed his driving suspension then remains in affect for an additional year (the period of time required to have the interlock system) (Madigan et al., 2003, screen 1). A brief synopsis of the various tiers and penalties is provided. A tier one offense for a first time offender where there was no personal injury or property damage. The penalties are: $300 fine, no license suspension, up to six months probation and attend safety school. For the second offense the offender will lose their license for 12 months, five days to six months jail, a fine of $300 to $2,500 and at the completion. 12 months of interlock system. For the Third offense the offender will lose their license for 12 months, 10 days to two years jail, a fine of between $500 and $5,000 and at the completion 12 months of interlock system (Hemmel, 2006, screen 1). For Second Tier offenses generally meet the requirements of BAC as explained above. Additionally, if the BAC is below .10 and there is property damage or personal injury; if the defendant is a minor; if they were driving a commercial vehicle or a bus the defendant is placed into tier two. The penalties by number of offenses are as follows: For the first offense, the defendant will: lose their license for 12 months (although at 60 days they can request a limited license for work), 48 hours to six months in jail, a fine of $500 to $5,000 and attend safety school. For the second offense, they will: lose their license for 12 moths, 30 days to six months jail, a fine of $750 to $5,000, safety school, and interlock upon completion. The third offense is as follows: lose license for 18 months, jail 90 days to five years, fine $1,500 to $10,000, safety school and interlock system upon completion for 12 months. Four or more offenses the penalties are: lose license for 18 months, one to five years jail, fine of $1,500 to $10,000, safety and if granted reinstatement of license then 12 month interlock (Hemmel, 2006, screen 1). For the third tier level, the levels are detailed above and also include anyone refusing breathalyzer, and anyone with traces of drugs and/or drugs and alcohol. The fines are as follows: For the first offense: lose license for 12 months (but can apply for work license after 60 days), 72 hours to six months in jail, $1,000 to $5,000 fine and safety school. For the second offense: lose license for 18 months, 90 days to five years in jail, minimum fine of $1,500, safety school and interlock system. For three or more convictions: lose license for 18 months, one to five years in jail, minimum fine of $2,500, safety school and if given license back interlock for 12 months. Hemmel, 2006, screen 1). As seen by the above penalties, Pennsylvania is taking DUI very seriously. In closing Figure 2 below is presented to demonstrate the number of arrests made during 2003 and 2004 across Pennsylvania for DUI. As seen by the monthly averages more arrests were made in 2004 than 2003. 43,699 DUI arrests were made in 2004 as opposed to 42,017 in 2003, a 4% increase. According to the PA Uniform Crime Report, the average DUI offender is male (80%), white (90%) and 25 years old or older (71%) ("Crime in PA", 2006, screen 1). Figure 2: DUI Stats in PA 2003/2004 ("Crime in PA", 2006, screen) Be Responsible. Do not drink and drive. Works Cited "Crime in Pennsylvania Annual Crime Report." (2006). Pennsylvania State Police Uniform Crime Reporting System Website. Pennsylvania State Police. April 17, 2006 http://ucr.psp.state.pa.us/UCR/Reporting/Annual/AnnualFrames.aspyear=2004 "Governor Rendell Signs Legislation Changing State's Drunk Driving Laws Legislation Lowers Legal Limit from .10 to.08 Percent." State of Pennsylvania. September 2003. State of Pennsylvania, Office of the Governor. April 17, 2006 . Hemmel, Christopher A. (2006). "The New DUI Law in Pennsylvania." Family Law Service April 17, 2006 . Madigan, Roger A., Dent, Charles W., Stout, J. Barry and Geist, Richard A., O'Brien, Dennis M. and McCall, Keith R. 2003. "Senate Bill No. 8." The General Assembly of Pennsylvania. April 17, 2006. Pennsylvania State Senate. . Weitz and Luxenberg. 2006. "Pennsylvania Car Crash Statistics in 2003." Weitz and Luxenberg Attorneys. . Read More