In 2003 Pennsylvania tightened the reins on its DUI laws, lowering the legal blood alcohol percentage needed to show intoxication from .10 percent to .08 percent. Along with that shift, a new set of penalties went into place (with increased penalties for multiple offenders), showing the people that Pennsylvania took a strong position on driving under the influence. However, there is still some wiggle room to fight a DUI charge.
Basically, Pennsylvania will take to actions, one administrative (revoking of your licence and criminal (DUI charges). If you refuse a breathalyzer test, your licence is automatically revoked for a year. Driving is considered a privilege in every state.
The second action they will take is a DUI charge, and they will go about this in two ways. First they will use any blood alcohol test results. Secondly, they will establish that the driver appeared intoxicated. Usually the arresting officer will testify about your performance on road side sobriety tests.
In order to contest a DUI charge it is best if the driver does not provide a blood alcohol test (BAC), it simply gives the state of Pennsylvania more evidence. This action will cause the state to automatically revoke the drivers licence for one year. The second part of the states case can more easily be contested. It can be claimed that the arresting officer made an incorrect judgement call, as long as they don't have the driver stumbling on tape!
No matter what, get an attorney! Without a lawyer you don't have a chance, a good experienced attorney is the next best thing to not driving drunk at all! Although, not being in the situation in the first place is by FAR the best option. We recommend the following DUI lawyer for central pa. - Central PA DUI Lawyer
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