Under Pennsylvania law, you must have control of the vehicle to face driving under influence (DUI) charges. However, passengers could face a number of DUI related charges.
In the United States, the legal system addresses crimes in two different case types, civil and criminal. Crimes are actions or omissions that can be prosecuted accordingly by the state and punishable by law.
The short answer, in many instances, is probably not. The long answer as you might expect, is it depends. It depends on the county in which you were charged because in most instances the more rural the county the more likely the Commonwealth is to be seeking a penalty of incarceration.
A summary offense, even “Non-Traffic” summaries like Public Intoxication, Disorderly Conduct, and Harassment can be very different from criminal offenses which manifest themselves in the form of a Misdemeanor or a Felony. To be honest, jail is extremely unlikely for a non-traffic summary.
It’s 2017. The world today is very different than the one I or my parents grew up in. Hours spent playing cards, hide and go seek, and baseball have gone the way of the dinosaurs. Those activities have been replaced by our obsession with any one of a myriad of electronic devices.
Within the Commonwealth of Pennsylvania, in order for law enforcement to search a vehicle they have generally needed to have both probable cause and exigent circumstances. That all changed in April of 2014. It’s a three year old case, but the impact the case has had on the criminal justice world has been significant.