A Collaborative Law Firm

Dedicated To Personalized Service

Exterior of Office Building of The The Law Office of Hummel, Lewis & Davidson, LLP | Attorney And Counselors At Law
Exterior of Office Building of The The Law Office of Hummel, Lewis & Davidson, LLP | Attorney And Counselors At Law

Obvious impairment isn’t necessary for a DUI arrest in Pennsylvania

On Behalf of | Jul 8, 2024 | Criminal Defense |

Many people who enjoy alcohol think they can recognize when they have had too much to drink. They believe they can make the right choice in the moment to secure a rideshare ride or call someone sober. People tend to assume that they are only at risk of a driving under the influence (DUI) charge when they display clear signs of impairment at the wheel.

Obviously, police officers make a point of stopping and arresting drivers who swerve all over in traffic, brake erratically or otherwise show signs of impairment. They also frequently test people involved in car crashes for alcohol intoxication and arrest those who fail the test.

What many drivers fail to understand is that neither a crash nor obvious impairment is actually necessary for a DUI arrest.

Reading over the legal limit is sufficient justification

The DUI statute in Pennsylvania doesn’t just make it illegal to drive when visibly impaired by alcohol, but they also prohibit driving while over the legal limit for blood alcohol concentration (BAC). The state maintains a 0.08% BAC limit for adult drivers in their own vehicles.

It might only take a few alcoholic beverages to put drivers over that limit and leave them at risk of arrest. The stronger the drinks are and the faster someone consumes them, the greater the chances that they may be over the legal limit. If someone fails a breath test by having a BAC of 0.08% or higher, police officers can arrest them even if their driving was relatively normal.

How people fight DUI charges

The good news for someone arrested for suspected drunk driving is that there are defense strategies available to help avoid a conviction. There are multiple tactics that can diminish the risk of a criminal conviction.

In some cases, drivers may have a medical reason that impacts the accuracy of an alcohol test. Other times, a lawyer might be able to convince the courts that a traffic stop was illegal. Discussing the situation that led to a recent DUI arrest with an experienced legal team can help people plan the best defense strategy given their circumstances. Motorists who fight DUI charges successfully can avoid jail, criminal records and license suspensions that would otherwise negatively impact their lives.