While most people are aware that they can be charged with DUI crimes for driving with a blood-alcohol level of .08% or higher, many are unaware that in Pennsylvania, DUIs are categorized by alcohol levels. As such, people who have higher blood alcohol levels at the time of their arrests face more significant penalties. In a recent Pennsylvania ruling, a court discussed what evidence is needed to establish a defendant’s guilt for DUI at the highest rate of alcohol, in a case in which the defendant argued the Commonwealth lacked sufficient evidence to convict him. If you are accused of a DUI offense, you should confer with a Pennsylvania DUI defense attorney to assess your options for seeking a fair outcome.
The Defendant’s Arrest
It is reported that police officers were positioned in the parking lot of a convenience store around the time bars let out. They noticed a car that was parked outside of the dedicated lines, and when they approached the vehicle, they observed the defendant slumped over in the driver’s seat. One of the officers shook the defendant to wake him and noted the defendant smelled of alcohol and had slurred speech.
Allegedly, when the officers questioned the defendant, it took him several attempts to state his address. He admitted consuming alcohol, and his keys were in the ignition of his vehicle. Based on the foregoing, the officers asked him to submit to field sobriety testing, which he failed. He was arrested, and a blood test revealed his blood-alcohol level to be .211%. He was charged with DUI – highest rate of alcohol and convicted following a bench trial. He then appealed. Continue reading