PA DUI Mailbag: I Thought .08 was a DUI in PA?

Every Friday we will take a look at some of the most commonly asked questions about Pennsylvania DUI so that we can clear up any misconceptions and provide you with the most up-to-date and accurate information.  Today:

Dear Pennsylvania DUI Lawyer,

My 20 year old son was charged with a DUI while he tested at .04.  I thought .08 was the BAC limit for a DUI in Pennsylvania, am I wrong?

DUI on Pennsylvania HighwaysPennsylvania has what it labels as a “zero tolerance” law for DUI for drivers under 21.  That means anything above a .02 blood alcohol content will result in an accusation of being an underage driver being charged with a High Rate DUI (see our post The Legal Consequences for a Pennsylvania DUI for a more detailed description on Pennsylvania DUI Penalties for different categories .)

You should seek out a qualified DUI attorney because in my experience, often times these cases are very defendable.  The breath testing devices are inaccurate and can give totally erroneous readings.  Blood tests are also frequently not the true reading of BAC.

It might help you to read two of my recent posts:

  1. Underage DUI in Pennsylvania and Underage Drinking in Pennsylvania

  2. Underage Drinking and DUI in Pennsylvania: LOD and LOQ Defense

If you would like to ask a question, please submit it via the contact us link.

-Justin J. McShane, Esquire, Pennsylvania DUI Attorney

I am the highest rated DUI Attorney in PA as Rated by

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Justin McShane

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.

One response to “PA DUI Mailbag: I Thought .08 was a DUI in PA?”

  • William Bly says:

    Most states have a zero tolerance policy. Maine for instance prohibits any amount of alcohol in the blood of an underage driver. Therefore, someone with a BAC as low as a .01% could be charged with a crime. However, in order to be charged with an OUI in Maine, the underage driver must be impaired or have a BAC of at least a .08%. That’s why it is so important to speak with a qualified DUI/DWI/OUI defense attorney. It isn’t enough to just know the law. The attorney needs to have the requisite skill to beat the charges. I know Attorney McShane personally as well as most of the attorneys that work for him and they are by far the best DUI and criminal defense firm in the state of Pennsylvania.

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