[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.grossmcginley.com\/resources\/blog\/dui-and-fireworks-laws-in-pa-independence-day-edition\/#BlogPosting","mainEntityOfPage":"https:\/\/www.grossmcginley.com\/resources\/blog\/dui-and-fireworks-laws-in-pa-independence-day-edition\/","headline":"DUI and Fireworks Laws in PA: Independence Day Edition","name":"DUI and Fireworks Laws in PA: Independence Day Edition","description":"This July 4th 2022 we celebrate the 246th birthday of the U.S.A. and as many of us […]","datePublished":"2022-06-29","dateModified":"2022-06-29","author":{"@type":"Person","@id":"https:\/\/www.grossmcginley.com\/resources\/author\/rcampbell\/#Person","name":"Robert M. Campbell","url":"https:\/\/www.grossmcginley.com\/resources\/author\/rcampbell\/","identifier":53,"image":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2021\/02\/Robert-M-Campbell-150x150.jpg","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2021\/02\/Robert-M-Campbell-150x150.jpg","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Gross McGinley, LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/10\/logopng-00436945-e1531508982151.png","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/10\/logopng-00436945-e1531508982151.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2022\/06\/FWDUI-Blog.jpg","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2022\/06\/FWDUI-Blog.jpg","height":600,"width":600},"url":"https:\/\/www.grossmcginley.com\/resources\/blog\/dui-and-fireworks-laws-in-pa-independence-day-edition\/","about":["Blog"],"wordCount":1094,"keywords":["Criminal Law","DUI\/Underage Drinking"],"articleBody":"This July 4th 2022 we celebrate the 246th birthday of the U.S.A. and as many of us enjoy warm weather, BBQ, cold drinks, parades and fireworks displays galore, it is important to not only keep yourself, your family, and friends safe and happy but also to be informed. Before you head out on the long holiday weekend, be sure to read up on the latest DUI and Fireworks law of PA.DUI Laws in PABAC levels and DUI determinationsIn Pennsylvania, one is prohibited from driving, operating, or having actual physical control of a vehicle while under the influence of alcohol, drugs, or any controlled substance,\u00a075 Pa. C.S.A. S. 3802. Though the definition may seem straightforward on its face, the intricacies involved in DUI law in PA create important distinctions. Initially, a driver is considered \u201cunder the influence\u201d of drugs or alcohol if they are rendered incapable of safe driving. For alcohol-related offenses, this can be determined through one\u2019s blood-alcohol content (BAC) level and considered a \u201cper se\u201d DUI if one\u2019s BAC exceeds a certain threshold. This bypasses the need to show any actual impairment or outward signs of intoxication obtained through field sobriety tests.Alcohol-related offenses are further divided into separate tiers for persons over 21 if one\u2019s BAC is:(1) at least .08%, but less than .10%,(2) at least .10% but less than .16%[1], or(3) higher than .16%.Logically, the penalties associated with each tier increase as one\u2019s BAC increases, including fines, license suspensions, and potential sentences, as do the penalties for multiple DUI offenses. Factors such as the use of a commercial vehicle, property damage, or injury\/death also play a role in assessing consequences such as fines, license suspension, and jail time.If you are under 21 years old, you can receive a DUI if your BAC is over .02%.Actual Physical ControlImportantly, the use of the term \u201cactual physical control\u201d is significant in this analysis. One does not need to actually be driving their vehicle to be in actual physical control and be charged with a DUI.The phrase \u201cactual physical control\u201d has not clearly been defined by the Pennsylvania courts. However, courts have typically looked at several factors:\tWas the key in the ignition?\tWas the ignition turned on?\tWhere was the vehicle parked?\tWas the engine warm?\tDid the driver state that he\/she had previously driven?In essence, the courts are looking for some evidence to show that the vehicle was driven prior to police arrival, and that the driver had driven while intoxicated or under the influence of drugs in order to charge a driver with a DUI, even if the driver had parked his vehicle or was resting inside.Refusing a BAC TestAdditionally, those who refuse to take a BAC test, blood test, or chemical test can automatically face a minimum 12-month license suspension, and the prosecution will nonetheless have the opportunity to prove its case by demonstrating other outward factors suggestive of drunk driving with the already provided presumption of intoxication. In such cases, the defendant will thereafter be subject to the highest BAC category penalties if they are unable to overcome this presumption.Drug-related DUIsAs to drug-related DUIs, while driving with any amount of an illegal substance is clearly forbidden, it is of note that an individual under the influence of any drug or combination of drugs which impairs the individual\u2019s ability to safely drive, operate or be in actual physical control of the movement of the vehicle can be subject to a DUI charge and be placed in the highest tier. Simply put, even an individual using legally prescribed drugs can be held liable if it is held that defendant was unable to drive safely.How to avoid a DUI\u00a0If you do choose to go out, and more so, if you choose to go out and drink, we implore that you first plan to arrange a safe way home.\u00a0 While our\u00a0criminal defense team\u00a0at Gross McGinley takes pride in knowing DUI law in PA providing defense strategies and thorough representation for our clients, we would much rather see you avoid such a situation.If you have been charged with a DUI or related offenses, it is necessary to have an experienced and knowledgeable attorney on your side to help you navigate through the legal process and obtain the best result for your situation. Fireworks Law in PAChange in Fireworks Law in PAIn Pennsylvania, prior to 2017, only smaller fireworks that did not shoot high into the air could be sold in the Commonwealth. However,\u00a0Pennsylvanians are now allowed\u00a0to purchase Class C \u201cconsumer fireworks,\u201d which include fan favorites such as firecrackers, Roman candles and bottle rockets. These \u201cconsumer fireworks\u201d are defined as any firework that contains 50 milligrams or less of explosive material. Anything greater than this threshold are still illegal to the average consumer, and require special licensing or permits.While the temporary pop-up tents that always seem to be strategically placed outside liquor stores and Lowe\u2019s are typically a gateway to a haunting story by a trigger-happy senior citizen wearing a bandana, those short-term structures are only legally able to sell ground and hand-held sparkling devices. The larger consumer fireworks must be sold from permanent firework retailers.Restrictions of Fireworks Law in PAAdditionally, as you may imagine, there are also strict rules about where you can legally set off your purchased fireworks. These restrictions include:\tMust be more than 150 feet away from any \u201coccupied structure,\u201d which is any structure, vehicle or place adapted for overnight accommodation, regardless if there is anyone present\tMust be at least 18 years old to purchase or use\tMust not be under the influence of drugs or alcohol\tMust not set them off from, within, or toward a building or vehicle\tMust have express permission from the owner of public or private propertyMost of these rules are common sense, and simply in place for overall safety. Additionally,\u00a0local municipalities\u00a0may have their own additional guidelines.Nonetheless, if you do choose to purchase and use fireworks this July 4, please do so safely. And most importantly, don\u2019t buy snakes or poppers; they\u2019re about as exciting as laundry day.As a criminal defender,\u00a0Robert Campbell helps his clients navigate a wide range of cases, including bail hearings and modifications, probation violations, assault charges, drug offenses, DUIs, disorderly conduct and public intoxication, criminal trespassing, and traffic citations. Additionally, he assists with placement into Accelerated Rehabilitative Disposition (ARD) and Marijuana Diversion programs. He also supports those seeking\u00a0expungement\u00a0and pardons.\u00a0"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Resources","item":"https:\/\/www.grossmcginley.com\/resources\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Blog","item":"https:\/\/www.grossmcginley.com\/resources\/\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":3,"name":"DUI and Fireworks Laws in PA: Independence Day Edition","item":"https:\/\/www.grossmcginley.com\/resources\/blog\/dui-and-fireworks-laws-in-pa-independence-day-edition\/#breadcrumbitem"}]}]