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DUI: probable Cause

Driving Under the Influence (DUI) charges in Pennsylvania can be very serious crimes. If your blood alcohol content is over a .016% or you have illegal narcotics in your blood stream you are considered to be in the highest tier for sentencing purposes.  Read about DUI Tiers here If you are convicted with your third DUI in the past ten years and your BAC is over a .016% or you have illegal narcotics in your system, then you will be facing a mandatory 1 year in Pennsylvania state prison. Because of the serious nature of DUI charges, in particularly for individuals driving with either illegal drugs in their system or with a blood alcohol content of a .016% or higher, you should strongly consider hiring an experienced Chester County DUI lawyer.

One of the primary ways to win a DUI case, is to argue that the government did not have probable cause Defending DUI Cases  to obtain your blood in order to test it for wither narcotics or it's blood alcohol content. The primary way to do this is to look and analyze the following factors:

First, was there an auto accident or did the police officer stop your vehicle for a driving infraction. It is more difficult for the government to obtain and test your blood alcohol content for alcohol if there was no accident;

Second, did the officer observe that you had either blood shit eyes or slurred speech. Did the officer smell alcohol on your breath or detect an odor of marijuana coming from your vehicle? The presence of any of these factors makes it easier for the government to argue that they had probable cause to test the blood alcohol content in your blood;

Finally, did the officer give you field sobriety tests and did you fail these field sobriety tests? If the answer to this question is yes, then it is extremely difficult to argue that the government did not have probable cause to seize and test your blood.

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