Legal Question in Criminal Law in Pennsylvania
Drunk Driving
Can a PA juvenile be found guilty of drunk driving when no test was given to determine blood alcohol level and no irratic driving was involved?
1 Answer from Attorneys
Re: Drunk Driving
Yes, they can find you guilty. They can do it the old fashioned way, by using 'physicals'.
The officer can describe the conduct , demeanor, the smell of alcohol, bloodshot eyes, slurred speach, unstable and/or sways when standing, couldn't walk a straight line, couldn't count backwards, repeat phrases, etc., etc.
This is a VERY fact sensitive area of the law. There is a general 'guitly till proven innocent' attitude when dealing with DUI. The facts will determine if you have a chance to fight this or not.
I don't know where this happened, but I'll tell you what I told my brother, DO NOT handle this matter without a lawyer. The penalties are TOO HIGH, and they system is designed to make these prosecutions pretty easy for the local courts.
I agree with the principle of cracking down on DUI's, but most states have gone overboard. PA is tough, but NJ is insane (and I'd like to note here, I do NOT drink - I've never even been drunk, which I know is hard to believe of an Irishman).
There is a diversionary program available in PA, but you only get one chance at it, so don't waste it if you don't have to.
Good luck.
Kevin J. Begley
856-672-1166
Admitted in NJ & PA
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