The Pennsylvania DUI Statute penalizes driving while impaired and additionally penalizes 3 “Tiers” of driving with Blood Alcohol Contents (“BAC”). Tier 1 includes BAC’s of .08% to less than .10%. Tier 2 includes BAC’s of .10% to less than .16%. Tier 3 includes BAC’s of .16% and above, DUI of narcotics, or DUI of a combination of alcohol and narcotics. Finally, minors (those under 21 years of age) are prohibited from driving with BAC’s of .02% or greater.
Blood or breath samples must generally be taken within two hours of driving, or being in “actual physical control” of the vehicle (example: sitting behind the wheel or car running). Blood samples may be lawfully taken only with the person’s valid consent or after the issuance of a search warrant.
Examples of successful DUI defenses we have employed include the inability of the Commonwealth to prove beyond a reasonable doubt that the client was operating the vehicle, faulty testing procedures, unlawful blood tests, questionable test results, or the inability to prove impairment in the event of a “refusal” to give a blood or breath sample (generally not recommended, as this subjects the individual to a one year suspension separate and apart from any suspension related to the DUI allegation).