The Pennsylvania DUI rule is a rule that applies to police investigations of drunk driving offenses. Even though drunk driving offenses occur every day in the State of Pennsylvania, there are still quite detailed rules that apply to how the police must go about their investigations. If the police violate the two-hour rule in your case, it might result in a dismissal of the charges against you. The criminal defense attorney team at Applebaum & Associates explains the Pennsylvania two-hour rule.
What is the Pennsylvania DUI two-hour rule?
The Pennsylvania DUI two-hour rule is a rule that says that the police have to give you an alcohol or drug test within two hours of your driving. The state can’t admit test results against you in a drunk driving case if it is obtained in violation of the rule. The purpose of the two-hour rule is to ensure the reliability of chemical testing and the integrity of drunk driving investigations. The DUI two-hour rule in Pennsylvania makes chemical test evidence inadmissible if it is obtained too long after the driving.
What is the citation for the Pennsylvania DUI two-hour rule?
The citation for the Pennsylvania DUI two-hour rule is Pennsylvania Motor Vehicle Code Title 75 § 3802. The Pennsylvania two-hour rule is written right into the state DUI law. The law is Title 75 § 3802 of the Pennsylvania Vehicle Code. The drunk driving law says that it is illegal to drive a motor vehicle with an unlawful bodily alcohol content. A person has an unlawful bodily alcohol content if their bodily alcohol content exceeds the legal limit within two hours of the person driving.
Are there any exceptions to the Pennsylvania DUI two-hour rule?
Yes, there is an exception to the Pennsylvania DUI two-hour rule. Section 3802(g) of Pennsylvania’s drunk driving law states an exception to the two-hour rule. If the prosecution can show that they could not have reasonably obtained a chemical sample within two hours of the person’s arrest, the court may choose to admit the evidence. In order to admit the evidence, the state must also show that the person did not consume alcohol or drugs in the time between driving and their chemical test.
If the state raises this exception in your case, your criminal defense attorney may help you respond aggressively and appropriately. In truth, there should be few excuses for the state not giving you a timely chemical test. Personnel shortages and logistical issues should not be seen as a valid excuse by the court.
How a Pennsylvania criminal defense attorney can help
An experienced criminal defense attorney can help you investigate whether a violation of the two-hour rule occurred in your case. It’s up to you and your defense team to conduct the investigation and respond appropriately if you believe that a violation may have occurred. Your defense team may bring a court motion on your behalf in order to exclude the evidence from admission at trial. Call today for a review of your case.