Governor Rendell has signed new legislation reducing the maximum permissible blood alcohol level (“BAC”) from .10% to .08%. As a result, it will take fewer drinks to send you over the legal limit to operate a motor vehicle on Pennsylvania highways.
The change in the law is tied directly to requirements placed upon States to continue receiving federal highway funds. States that do not reduce their BAC limits risk losing substantial federal dollars.
In addition to the lower drunk-driving threshold, the new legislation also contains enhanced penalties for repeat offenders coupled with mandatory alcohol treatment. There are also enhanced penalties for high BAC levels. Needless to say, drunk-driving is not a popular crime and is becoming less so.
We continue to offer the following recommendations if you are ever stopped under suspicion of driving under the influence of alcohol:
- Under Pennsylvania law there is a mandatory license suspension of one year if you refuse to take a test to determine the alcohol content of your blood, regardless of whether you are under the influence or not. Accordingly, we generally recommend that drivers cooperate with blood alcohol testing if requested to do so by a police officer. You do not have the right to contact a lawyer prior to testing and you generally do not have the choice of the type of test to be administered. Licensed drivers in Pennsylvania have already consented to BAC testing under the implied consent law.
- Attempt to contact your attorney at the earliest available opportunity, but do not condition blood alcohol testing on doing so. Be cooperative and polite.
- While you should be cooperative, do not volunteer information about the circumstances preceding your being stopped. Provide your license, registration and insurance cards.
Pennsylvania joins a growing number of States lowering the BAC threshold to .08%. You have been warned!
— Kevin Palmer