Driving After Imbibing (DAI)

It's been five years since Pennsylvania's new DUI (DAI) law went into effect. At the time, it was the most stringent in the nation. The most unique part of the Pennsylvania bill is that it divides offenders into three tiers:
--Those above 0.08% BAC and below 0.10%
--Those above 0.10% BAC and below 0.16%
--Those above 0.16% BAC and/or those with ANY PRESENCE including metabolites of  any street drug or any prescription drug not prescribed to the driver.

The recidivist aspect of the current law is fueled by the tier system. For example, an individual can have a third DUI conviction with a BAC between 0.08% and 0.10% and do only the 10 day mandatory minimum sentence. While a second individual with his third DUI conviction with a metabolite of marijuana in his system will be required to be incarcerated for 1 year under the mandatory minimum rules.

See the grid below (click on grid to enlarge).

Needless to say, this draconian law has given rise to many new defenses created by the defense bar.

Recent case law has been very favorable to motions to suppress any and all physical evidence retrieved by the police on a pretextual challenge.  The police are not allowed to pull drivers over without probable cause.  The Pennsylvania case law on this issue is much more favorable than Federal and/or the law of other states.  For example, an officer can't sit outside a roadside tavern at 2:15 AM choosing to pull over just anyone.  In many cases this would be akin to shooting fish in a barrel.

The Officer would need to articulate in the police paperwork probable cause to stop the operator for a particular traffic offense.

Another area is the two hour rule.

The Two hour rule states that police must must administer the test for BAC within two hours of the operation of the automobile.  Any test outside this two hour period will be invalid.  This would force the Commonwealth to prove DUI the old fashioned way and would put the case by necessity in the lowest tier since there is no available BAC.

This law has real teeth, but there are a number of ways a good defense lawyer can represent you vigorously and keep you out of jail.  Talk to you soon.