Drivers in Pennsylvania can face impaired driving charges if they fail a breath test, meaning they are over the legal limit when it comes to their blood alcohol concentration. The court can presume that they were impaired.
It is important to note that even someone who is under the legal limit could still be arrested. Not all impaired driving charges involve alcohol, as they can also involve other substances, like prescription medication or marijuana. If the police have evidence of impairment, they can make an arrest even with a lower BAC.
That said, it is important to understand the legal limit and how it applies to different groups.
3 different limits
The first legal limit is 0.08%. This applies to most drivers within the state who are 21 years old and older. If you ask the average driver what legal limit they were taught in their driver’s education classes, this is what they will say.
However, it is different for commercial drivers, whose legal limit is set at half the amount that applies to the general population. For someone with a CDL, their legal limit is 0.04%.
Finally, underage drivers in Pennsylvania are bound by zero-tolerance laws. Those who are under 21 are not allowed to drink, so their legal limit is just 0.02%. They may not even feel impaired, but the presence of alcohol in their system demonstrates that they have already violated the law.
Your defense options
Are you facing impaired driving charges in Pennsylvania? If so, it can help to work with an experienced attorney to explore your legal options, which could include challenging breath test results.