Under Pennsylvania law, blood must be taken from a DUI defendant within two hours of his being in physical control of a motor vehicle. Specifically, under 75 Pa C.S. § 3801 § (c), in order for an accused to be found guilty of dui, the defendant's blood alcohol content must be measured as over .08% within two hours of his having driven on a roadway. read about implied consent here If the blood is drawn more than two hours after an accused was operating a vehicle, then it is per se inadmissible in a court of law. The Pennsylvania Superior Court made this holding in the case of the Commonwealth vs. Segiday (holding that the Commonwealth's evidence was insufficient to support either of Segida's convictions - under 3802 §§ (a)(1) or (c));
A DUI conviction can be absolutely debilitating to a person and even their family. A conviction for a DUI can mean much more than just a license suspicion for a year or a year and a half. DUI basics A conviction for a DUI can mean a state conviction depending upon the specific circumstances of the dui and the number of previous dui convictions that an accused has. Rather than exploring the actual crime of DUI and the possible penalties that an accused can face, in this blog we will explore the various defenses that an individual may have.
Pennsylvania operates under the implied consent rule for individuals charged with either a DUI or DWI. What is probable cause for a DUI The general rule is that any person who drives, operates or is in actual physical control of his car shall be deemed to have given consent to one or more chemical tests of breath, blood or urine for the purpose of measuring the amount of alcohol or narcotics in his blood.
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.
Portable Breath Tests. Anyone who has been a suspect or a Defendant in a Driving Under the Influence (read more about Pennsylvania DUI Charge here), or Underage Drinking (read more about Underage Drinking Charge here) case knows what the Portable Breath Test is. Almost all individuals charged with one of these crimes, recalls when the officer produced the hand held device that they were asked to blow in right before the police officer placed them in handcuffs.
Homicide by Vehicle while Under the Influence is one of the most serious types of crimes an accused can be confronted with. Homicide while under the influence is graded as a felony of the second degree and punishable by a maximum of ten years in prison. A conviction for this crime requires that the Court impose a three year minimum mandatory prison sentence for every individual killed as a result of the Drunk Driving of the defendant.
Pennsylvania law for Driving Under the Influence requires that the person be operating a motor vehicle. Courts look to a number of factors to determine whether a person is "operating" or "in actual physical control of a motor vehicle." As stated, the courts do not employ a bright-line test, rather the courts look to the totality of the circumstances to determine whether the Commonwealth can prove operation of a vehicle.
Pennsylvania DUI law classifies different DUi cases into one of three tiers. The following is the sentencing information regarding each tier for first offenses
Pennsylvania classifies DUI charges into three separate tiers. It is important to know which tier someone charged with DUI is in, because that tier (along with number of prior offenses within 10 years) dictates what potential minimum and maximum sentences he could face.
prior to the passage of a new law, individuals whose license has been suspended for 12 or 18 months due to a DUI, had to serve the entire duration of that suspension prior to driving. As stated in other blogs, anyone who is convicted of driving while the license suspended due to DUI conviction can face mandatory time in prison.