You wake up feeling fine and ready to start your day after a fun night out with friends. You are driving to work or running errands, but suddenly, you see flashing lights in your rearview mirror, and your worst fear comes to mind.
Yes, you absolutely can be charged with a DUI in Pennsylvania the morning after drinking. Impairment and an illegal blood alcohol content (BAC) do not vanish instantly.
The BAC clock doesn’t stop when you stop drinking
Your body metabolizes alcohol slowly, roughly one standard drink per hour. If you drank heavily until 2 a.m., your BAC may still be significantly above the .08 legal limit for hours afterward. A morning traffic stop in Lancaster could easily result in a DUI.
A DUI charge is not only based on the .08 “per se” violation. Pennsylvania law also prohibits you from driving if you are “rendered incapable of safely driving,” allowing an officer to charge you even if your BAC is declining. Any minor traffic infraction can lead to a stop and the officer suspecting signs of lingering intoxication.
Pennsylvania’s “two-hour rule” typically requires that your BAC be measured at or above the legal limit within two hours of your driving. This requirement ensures the reliability of the chemical test evidence in your case.
Essential tips for a traffic stop
When an officer pulls you over, your actions are critically important. If you see flashing lights, pull over safely and remain calm. Keep your hands visible, and comply with the officer’s instructions.
If they question you, politely refuse to answer. You have the right to remain silent when asked questions like, “Have you been drinking?”
Here are other key tips:
- Provide basic documentation: Hand over your license, registration and insurance immediately.
- Invoke the right to silence: Politely refuse to answer any questions about your activity or consumption. Inform them that you want to speak with a lawyer.
- Refuse field sobriety tests: You can also refuse FSTs, which are unscientific roadside agility tests that are often challenged in court.
- Consent to chemical testing: Post-arrest breath or blood tests are mandatory under Pennsylvania’s implied consent law. Refusing this test results in a mandatory 12-month license suspension for a first offense, or 18 months if the driver has a prior DUI conviction or a prior refusal, in addition to the DUI charge. You do have the right to appeal the administrative suspension.
Understanding the distinction between voluntary FSTs and mandatory chemical testing is crucial.
Protect your future
The decisions you make during a traffic stop are critical and can have lasting effects on your future. The complexities of Pennsylvania’s tiered DUI laws often necessitate guidance from a skilled DUI defense lawyer.
An experienced attorney knows how to challenge the state’s use of a chemical test that falls outside of the two-hour limit, specifically by challenging the Commonwealth’s attempts to invoke the statutory exception to the rule.
