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The DUI trap that punishes sobriety

Sean McGowan

Beech Creek

I’ve had three DUIs in my life — at 18, 26, and 46. They were spaced out enough to be treated as first offenses. The last one, in 2010, came with a BAC over 0.20. That triggered a cascade of license suspensions: one year for the DUI, another for refusing blood extraction, and five more under Pennsylvania’s “habitual offender” designation.

I’ve been sober since 2014. But I’ve spent the last decade being jailed, fined and denied occupational licenses — not for drinking, but for driving.

I live in Beech Creek, Pennsylvania. It’s rural. There’s no public transit. I’m a carpenter. I work in demolition. I help clients, I help my daughter, I show up. But because my license was suspended for DUI, every time I drive — even sober — I’m treated like a criminal.

Pennsylvania law makes it worse. Under S1543(b), driving while DUI-suspended is a jailable offense. First time: 60-90 days. Second: 90 days. Third or more: six months. I’ve been stopped seven times. Each time, I was sober. Each time, I was charged. Each time, the system ignored the fact that I hadn’t touched alcohol in years.

Now there’s a new twist. Pennsylvania still operates under a zero-tolerance policy for THC. That means if you’re a medical marijuana user — even if you’re not impaired — you can be charged with DUI. THC metabolites linger in the body for days or weeks. The law doesn’t require proof of impairment. It just requires presence.

I use THC daily. Legally. Medicinally. Responsibly. But if I’m pulled over tomorrow, I could be jailed again. Not for being high. Not for endangering anyone. Just for existing in a car-driven society with no license and a trace of THC in my blood.

This isn’t science. It’s policy. And it’s devastating.

Pennsylvania has over 400,000 registered medical marijuana patients. Many live in rural areas. Many work jobs that require driving. Many are now vulnerable to DUI charges — not because they’re impaired, but because they’re medicated.

The system profits from this. Every DUI fuels an industry: interlock device companies, private probation firms, mandatory treatment programs, drug testing labs. These entities lobby for zero-tolerance laws. They push for expanded enforcement. They benefit from every arrest, every fine, every jail sentence.

It’s not about safety. It’s about revenue.

Bills like House Bill 983 and Senate Bill 63 would require proof of actual impairment before charging someone with a marijuana DUI. They’re backed by science. They’re backed by fairness. They’re backed by common sense. But they’re stalled.

I’ve written letters to judges, probation officers and advocacy groups. I’ve watched the system twist my sobriety into criminality. I’ve watched it ignore the truth.

And here’s the kicker: if I live long enough to legally drive again — sometime around 2031 — I’ll be required to install an interlock device in my vehicle. I’ll be 17 years sober.

I met a woman in AA once, a heroin addict, who laughed that she had one too — for alcohol. That’s where we are. That’s the system. That’s the joke.

Only no one’s laughing.

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