The Two Hour Rule - PA DUI Law
The Two Hour Rule is one of the many DUI defense that we set forth.
In order to be charged with a DUI in Pennsylvania, the arresting officer must obey by the two hour rule. According to the Pennsylvania Consolidated Statutes, a test sample for your Blood Alcohol Content (BAC) must be obtained within two hours of the time you were violating the law. In other words, your BAC must be obtained withing two hours after you last drove. Your BAC may be check by either breath or blood. However, the breath test given at the scene is not sufficient. That breath test only provides officers with proof that you MAY be driving under the influence. If you are asked to submit to a breath test or a blood test, do it. Even if you are found not guilty of a DUI, you may still have your license suspended for refusing a chemical test.
If the arresting officer does not obtain your BAC within two hours, you are not quite out of the hot seat. Now, the prosecution must jump over some hurdles in order to convict you of a DUI. First, the prosecution must be able to prove your BAC or the presence of another prohibited substance outside the two hour limit. Next, the prosecution has to show good cause why the test sample could not be obtained within two hours. Finally, it has to prove that you did not ingest any alcohol or drugs between the time of arrest and the time the sample was obtained.
This makes the case much harder for the prosecution. The first opportunity to fight the DUI is to point out the two hour rule. If the judge allows the prosecutor to get by, then you must fight the good cause showing why the officers could not take your blood sample within two hours. This is where a competent, experienced DUI attorney is needed. If the prosecution shows that the delay was in any way your fault, the judge will rule against you.
At Morrow & Artim, we offer a no cost, no obligation review of your DUI or criminal law matter via a short telephone consult or an email reply. If both you and our firm agree that legal representation is required, an in-office appointment will be scheduled.Call Morrow & Artim today at 412-823-8003 to obtain the legal help that you deserve.