DUI 2 hour rule

On Behalf of | Jul 11, 2017 | DUI

Dui is a serious crime in the Commonwealth of Pennsylvania. Under PA law, the government must obtain an accused’s blood or breath within 2 hours of the accused operating a motor vehicle. Pursuant to 75 PA.C.S. 3802(A), the DUI statute in Pennsylvania, an individual may not drive, operate or be in actual physical control of the movement of a vehicle after drinking or consuming a sufficient amount of alcohol where the alcohol concentration in the accused’s blood or breath is at least 0.08% within two hours after the individual has driven or operated the vehicle.  DUI chemical testing If the government does not obtain a defendant’s breath or blood within 2 hours of his operating a vehicle on a roadway, then the results of the breath or blood are not admissible in court. It is important that an individual facing dui charges should consult with an experienced Chester County Criminal lawyer if you have been charged with or is being investigated for the crime of DUI.

Under Pennsylvania law there is an exception to the two-hour rule under 75 PA.C.S section 3802(g).   defending duiSpecifically this rule states that notwithstanding the rules of the dui statute where alcohol in an individual’s blood or breath must be obtained within 2 hours of the accused operating a motor vehicle, the government may still seize an accused’s blood or breath even if they didn’t obtain it within 2 hours under the following circumstances:

(1) where the Commonwealth shows good cause explaining why the chemical test sample could not be obtained within two hours; and

(2) where the Commonwealth establishes that the individual did not imbibe any alcohol or utilize a controlled substance between the time the individual was arrested and the time the sample was obtained.

The commonwealth may use a defendant’s blood or breath as evidence in court if they can show these two points

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