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DRUG DUI (DRIVING UNDER THE INFLUENCE OF CONTROLLED SUBSTANCES)

If you are arrested and charged with a DUI offense from driving under the influence of a controlled substance, you can receive very harsh penalties if convicted. You can be convicted of DUI even if you are not technically “impaired” so long as there is a trace of an illegal drug in your system. Pennsylvania law imposes the same category of punishments as drivers with the highest blood alcohol concentration (BAC) level.

Chester County and Delaware County Drug DUI Attorney

If you have been charged with a DUI from drugs in Chester County or Delaware County, Michael J. Skinner of the Skinner Law Firm will listen to the details of your case and make every effort to help find mitigating factors or defenses that are applicable to your situation. Contact the Skinner Law Firm at (610) 436-1410 for a consultation about your alleged DUI offense today.


Driving Under the Influence of Drugs in Pennsylvania

Pursuant to 75  Pa. Const. Stat. § 3802(d), an individual can be charged with the criminal offense of driving under the influence (DUI) if they have actual physical control of the movement of a vehicle in any of the following situations:

  • The driver has any amount of the metabolite of a Schedule I, Schedule II, or Schedule III controlled substance in their blood.

It is important to note that drugs like marijuana can remain in your blood system for up to 30 days. It is illegal to drive with any lingering metabolites of marijuana, even if you originally consumed the drug in a state where it is legal. As more and more states decriminalize marijuana, it is imperative to be aware of the laws still in affect in Pennsylvania.


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First DUI (no prior DUI convictions) While Impaired by Controlled Substances

A first DUI involving a controlled substance is an ungraded misdemeanor. If a driver is convicted of a first drugged DUI offense, the mandatory minimum sentence is:

  • At least 72 hours in jail (although the court could impose up to 6 months in jail);
  • Fines ranging from $1,000 to $5,000;
  • Successful completion of an alcohol highway safety course;
  • Successful completion of alcohol or drug treatment;
  • 12 months license suspension

A second or subsequent DUI involving a controlled substance is a misdemeanor of the first degree under Pennsylvania law. If an individual is convicted of a second or subsequent DUI drugs offense, the mandatory minimum sentence is:

  • At least 90 days in jail (although the court could sentence up to 5 years);
  • Fines ranging from $1,500 and $10,000;
  • Successful completion of the alcohol highway safety course;
  • Successful completion of alcohol or drug treatment;
  • 18-month license suspension;
  • Installation of ignition interlock

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Third or Subsequent DUI While Impaired by Controlled Substances

A third DUI involving a controlled substance is a misdemeanor of the first degree under Pennsylvania law. If an individual is convicted of a third or subsequent DUI drug offense, the mandatory minimum sentence is:

  • 1 year in prison (although the court could sentence up to 5 years);
  • Fines ranging from $1,500 and $10,000;
  • Successful completion of the alcohol highway safety course;
  • Successful completion of alcohol or drug treatment;
  • 12-month license suspension
  • Installation of Ignition Interlock

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DUI Controlled Substance Lawyer in Pennsylvania

Contact the Skinner Law Firm today for a consultation about your alleged driving under the influence (DUI) of drugs offense in Chester County or Delaware County. Michael J. Skinner is an experienced DUI attorney in West Chester who will make every effort to help you avoid the most serious punishments and consequences to your alleged offense. Contact the Skinner Law Firm at (610) 436-1410 for a consultation about your alleged DUI offense in Pennsylvania.

Michael Skinner
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