Legal Question in DUI Law in Pennsylvania
no witness
My fiance was involved in an accindent in which noone else was involved she then left the scene to get help and was unable to be found for almost 2 hours when she returned she was intoxicated she was then charged with a dui will this stand up in court
2 Answers from Attorneys
Re: no witness
If she didn't tell the police she was driving, then they can't prove that she was. Since she probably did say something along these lines though, the rule is that the police have two hours from the time that it's established that you were driving to get a blood/breath sample to establish blood alcohol level. Depending on her blood alcohol level, and depending on whether this is her first offense or a second or third, she has several choices to make. She should speak to an attorney ASAP to talk through her options.
Re: no witness
She should not speak to anyone except a lawyer. If no one saw her drive the only evidence she was driving would be her statement that she was driving. She may also have a defense because of the time lag involved, as the state has under most circumstances two hours to get the Blood alcohol level.
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