Alcohol Blood Test And DWI Arrest in Pennsylvania?
Reader’s Question:
Is it possible that I was intoxicated when I got tested for DWI, but not while I was driving? Will this make a difference in my DWI case in Pennsylvania?
Joanna
Philadelphia, PA
When a person has a Blood Alcohol Concentration (BAC) of 0.08 or more, the Pennsylvania law defines this as intoxication resulting to a person’s failure to normal use of mental or physical faculties. The time when the test was conducted can present a significant problem for either the prosecution or the defense (depending upon the circumstances). Usually, this problem arises in connection with breath and/or blood tests administered just about 45 minutes to 1 hour and 15 minutes after driving. Since the test is delayed, a person’s alcohol concentration at the time of driving may have been higher, lower or the same due to the absence of other information (i.e. the number and type of alcoholic drinks consumed, the time when the drinks were consumed.)
In order to know the relation of the test result to alcohol concentration at the time of driving, the prosecution may try to present an expert testimony. This process used by the expert is known as retrograde extrapolation where the he relates the test result back to the time of driving. Depending on the facts presented in your case, he may use his knowledge regarding alcohol absorption, distribution, and elimination to have the State’s extrapolation evidence excluded or to come up with issues of reasonable doubt in connection with that evidence.
How Long Does DUI Conviction Stay on My Record in Pennsylvania?
Reader’s Question:
I was convicted of DUI in Pennsylvania. How long does it stay on my record?
George
Bethlehem, PA
It’s terrible to be convicted with DUI and unfortunately, a DUI in Pennsylvania stays on your driving record for 7 years. Pennsylvania started enforcing a new Driving Under the Influence (DUI) Law in 2003. The new law just created a tiered approach toward DUI enforcement and treatment, by including many changes to the terms of suspension, fines, penalties, and other requirements. This new law focuses on treatment for first-time DUI offenders rather than suspension and punishment.
Strictly speaking, licensing requirements and penalties are determined by the combination of an individual’s Blood Alcohol Content (BAC) level and prior offenses. There are three levels of DUI in Pennsylvania: General Impairment (.08 to .099% BAC), High BAC (.10 to .159% BAC), and Highest BAC (.16% and higher).
You see, under this new law on DUI, school vehicle or bus drivers, commercial drivers, minors, and offenders involved in an accident that causes property damage or injures someone may be subject to the high BAC penalties even if their BAC is not in the high category.
It might be best for you to check on the latest legislation about Pennsylvania to verify the duration your DUI stays on your record since laws on DUI have become more stringent in PA in the last few years.
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