Legal Question in Criminal Law in Pennsylvania

Do police have to witness a person driving a vehicle intoxicated, to charge them with dui?


Asked on 7/30/09, 6:40 pm

1 Answer from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

The answer to your question is that police have to adduce evidence that you were (1) legally intoxicated; and (2) operated a vehicle. As to (1) they can prove that with a breath or blood test, or they can also prove it by your appearance! Yes, by your glassy eyes and slurred speech. As to (2), they can prove you operated a vehicle if you (a) admit you did; (b) were in the driver's seat of a running vehicle (or even not running, if you were trying to start it). Either way, you should talk to an attorney as soon as possible. Feel free to call us at our offices: 267.639.3105.

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Answered on 8/04/09, 6:54 pm


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