Controlled Substance DUI – Reduced Minimum Detection LevelsIn Pennsylvania, an individual can be charged with Driving Under the Influence (DUI) even if they have no alcohol in their system. There are several subsections of Pennsylvania’s DUI law that prohibit driving under the influence of controlled substances. Specifically, an individual is prohibited from driving with “any amount” of a Schedule I controlled substance, or any amount of a Schedule II or Schedule III controlled substance which has not been medically prescribed. In addition, if there is any amount of a metabolite of these controlled substances in an individual’s system, the Pennsylvania DUI law prohibits an individual from driving. The term “any amount” has been further clarified through the issuance of regulations contained in the Pennsylvania Bulletin. These regulations list the minimum detection levels of controlled substances that must be met before the results of a blood test are admissible in court. In January of 2013, the Department of Health issued new minimum detection levels for most Schedule I, II and III controlled substances related to the DUI law. For almost all controlled substances listed in the Pennsylvania Bulletin, the minimum detection levels have been reduced, thereby resulting in the ability to charge more individuals with driving under the influence of a controlled substance. For the most current list of minimum detection levels, click here. If you have been charged with driving under the influence of alcohol, it is essential that you retain an experienced attorney to represent you. DUI cases often involve mandatory periods of incarceration, mandatory fines, court costs and a suspension of driving privileges. Having an experienced attorney may result in you avoiding these consequences or at a minimum reducing the potential consequences involved with a DUI charge. Please contact Scott A. MacNair, Esquire or Daniel M. Keane, Esquire to schedule a free consultation to discuss your DUI case.
This article is not legal advice and is provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction.