Legal Question in DUI Law in Pennsylvania
Got pulled ove for DUI check
I was with a friend --she was driving... got pulled over for DUI check and she blew a .075. She did the sobriety test then went and had blood taken.
They let us drive home after that.
She got a summons to appear in court and now they are saying that her blood level was .08.
1. Can they do anything about this since they let her drive home?
5 Answers from Attorneys
Re: Got pulled ove for DUI check
Given that the test is right at the border of testing, there may be a defense based on the accuracy/inaccuracy of the testing (margin of error). There may also be other defenses.
Is this your friend's first DUI? What county is this in? There are choices to be made, and your friend needs to speak with an attorney as soon as possible.
Re: Got pulled ove for DUI check
A lot depends on the MDJ. Some will toss it and others will hold it for court. In some counties, even if it's held for court, the D.A.'s Office may toss it.
Re: Got pulled ove for DUI check
They may be proceeding on a general imparirment charge which does not require a speicific BAC. Your friend needs to speak to a lawyer about presenting a defense at this hearing to forestall the expense of a trial in Common Pleas Court. I offer free initial consultations.
Re: Got pulled ove for DUI check
The fact that her BAC is on the lowest border for a DUI may lead to the ability to plead to a non-DUI matter or a not guilty due to the inaccuracies of the testing. What county is prosecuting this case?
Contact me.
Jim
Re: Got pulled ove for DUI check
The fact that her BAC is on the lowest border for a DUI may lead to the ability to plead to a non-DUI matter or a not guilty due to the inaccuracies of the testing. What county is prosecuting this case?
Contact me.
Jim
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