In many cases in which a person is charged with DUI offenses in Pennsylvania, the prosecution will use evidence of the person’s BAC to establish their guilt. A BAC level over the legal limit is not needed to convict someone of a DUI crime, though; instead, they can be found guilty if the prosecution sets forth evidence of their general impairment. Recently, a Pennsylvania court discussed what constitutes adequate proof of general impairment in a case in which the defendant appealed his DUI conviction. If you are faced with DUI charges, it is smart to talk to a Pennsylvania DUI defense attorney to determine what defenses you may be able to assert.
The Defendant’s Arrest and Charges
It is alleged that a police officer began to follow the defendant’s vehicle after the defendant made an illegal left turn. The officer saw the defendant drive over the fog line and veer to the right side of the road multiple times; as such, he pulled the defendant over. When the officer spoke with the defendant, he noticed that his eyes were bloodshot and glassy, and his speech was slurred.
It is reported that the defendant submitted to field sobriety tests but refused to submit to blood or breath tests. The defendant was charged with DUI general impairment, and following a non-jury trial, he was convicted. He appealed, arguing that the prosecution lacked sufficient evidence to establish his guilt. Continue reading