Legal Question in DUI Law in Pennsylvania

Re: dui not filed yet

The delay may give you an argument that has been accepted in some courts and rejected in others. Because of the delay in charging you you may assert that you were prejudiced if the blood sample is no longer available for independent testing. Ordinarily a case won't be dismissed for a delay unless you can show prejudice. You should discuss this with an attorney or the Public Defender as soon as possible. There are particular reasons why your attorney may or may not want to assert such a defense.