Legal Question in DUI Law in Pennsylvania
dui charges never received
Live in PA, have friend who was pulled over for a low beam headlight being out on his way home from visiting with some friends. Had a few beers (4 or 5) over a five hour period. He was taking home 2 other friends that had too much to drink when pulled over. The officer must have smelled alcohol, asked if he had been drinking that evening, he answered yes. The officer asked him to do the field test (leg test). This person would fail the test if he had nothing to drink at all. He has 2 bad knees and can stand on one leg for only a few seconds.
He told the officer this but he said that he would still have to try. I guess they fail him because of his medical condition. Not given a breath test, taken to the hospital for a blood test. On the way to the hospital, the 2 officer's responded to a stolen vehicle alert. Ended up taken my friend on a high speed chase with him in the cruiser. WRONG.. My opinion is they could have endangered his life due to the obvious unknown of how the chase could have ended. But beside this, he wasn't given his BAC, they finger printed him and released. 26 days have passed and nothing. How many days do they have to charge you? I've been told only 30. His BAC might be under the limit too. Help!!
1 Answer from Attorneys
Re: dui charges never received
He may still get charged. Although there is a time limit, the police frequently go past that limit since a case in the 1990's that says the case won't be dismissed absent actual prejudice because of the delay.
However, under the circumstances, you may have some argument of actual prejudice since your friend would have been unable to have his blood separately tested. I've made that argument before and lost in Westmoreland County but I've heard from another attorney in Allegheny County who successfully argued it. Different Judges sometimes mean different results.
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