A Pennsylvania DUI Primer

If you have been of or are under investigation for driving under the influence, contact DUI attorneys at Law Offices of Kelly & Conte immediately to discuss your case and charges with an experienced Chester County DUI attorney.

Driving under the influence is a serious offense, charged under Title 75 pa. c.s. 3802. It states in part:

3802. Driving under influence of alcohol or controlled substance

(a) General impairment

  1. An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.
  2. An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least 0.08 percent but less than 0.10 percent within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

Hire The Best Pennsylvania DUI Attorney

To be found guilty of driving under the influence, the government must prove that the defendant was:

  1. In actual physical control of a moving vehicle
  2. On a Pennsylvania road

  3. Incapable of safe driving or that his or her blood alcohol content (BAC) was .08 percent or higher

There are two main ways to challenge the government's case when you are charged with driving under the influence.

The first is to allege that there was an improper stop. This is one of the most common arguments and involves the claim that the officer lacked probable cause or reasonable suspicion to make the initial traffic stop. For a vehicle to be stopped, the police must have probable cause to believe that the driver committed a traffic offense (e.g., speeding or a broken taillight) or was involved in a crime (e.g., driving drunk or driving a stolen vehicle).

The second involves challenging the actions of the police after the vehicle has been stopped — specifically, arguing that the police did not have reasonable suspicion to believe that the driver was drunk and therefore did not have a basis to ask the driver to engage in field sobriety tests.

The third is that the police did not have probable cause to arrest the driver on suspicion of DUI subsequent to the field sobriety tests and ultimately take him/her to either the hospital to consent to a blood test or to a state police barracks for a breath test.

Make sure that you have an experienced Pennsylvania DUI attorney who can explain your rights and assess whether police obtained the evidence against you properly.

The former DUI prosecutors at Law Offices of Kelly & Conte encourage you to educate yourself on the law and critically examine the evidence against you. While no attorney can guarantee a particular result in any criminal matter pending before the courts of Pennsylvania, we have successfully represented clients facing DUI charges in Montgomery County, Chester County, Delaware County, Berks County and Bucks County.

Chester County DUI defense lawyer Evan Kelly offers a free confidential consultation to those facing any type of DUI charge. During this consultation, he will review your situation and answer your questions to help you avoid a conviction for this serious offense.

Call the Pennsylvania DUI lawyers at Law Offices of Kelly & Conte at 610-314-7066 or contact us online to start your criminal defense now.