Articles Posted in Breath Testing

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Driving while under the influence of drugs or alcohol, commonly known as “driving under the influence” or just “DUI,” is a serious offense under Pennsylvania law. Penalties can range from a loss of driving privileges to a lengthy prison sentence, depending on the circumstances. The law in Pennsylvania clearly defines the obligations of police and prosecutors in any case of alleged DUI, and it is critically important for anyone accused of DUI to know their rights. Among the many elements of the offense of DUI that the state must prove, it must provide proof beyond a reasonable doubt that the defendant was impaired by alcohol or illegal drugs.

What is “Impairment”?

Pennsylvania law defines “impairment” very broadly as a state in which a driver is “incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.” Police and prosecutors can gather evidence of impairment by testing a person’s blood or breath, or by observing a person’s behavior and testifying about it in court.

Blood alcohol content (BAC), the percentage of alcohol in a person’s bloodstream at a particular time, is considered by the legal system to be a reliable means of determining impairment. Pennsylvania law presumes that a person is impaired if their BAC is 0.08 percent or higher within two hours of driving. For anyone under the age of 21, or anyone driving a school bus, that amount is 0.02 percent. Commercial vehicle drivers are presumed to be impaired with a BAC of 0.04 percent. Continue reading