Legal Question in DUI Law in Pennsylvania

what happenes if there is no tests done at the scene of the accident?

I was in a car accident and at the time my roomate called the cops and said i was drunk. i left and went to a friends house. when i returned about 2 hours later i was drunk. the cops are trying to charge me with a dui. i wasnt drunk when i got into accident. i wasnt at the scene of the accident went the cops showed up. do the cops have a case against me because my roommate says i was drunk. my roomate and i didnt get along at all. so he has reason to lie. what shoudl i do?


Asked on 7/31/06, 4:15 pm

3 Answers from Attorneys

Scott Diamond DIAMONDLAWYER

Re: what happenes if there is no tests done at the scene of the accident?

Hire an attorney or you will have lots of issues todel with

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Answered on 7/31/06, 4:17 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: what happenes if there is no tests done at the scene of the accident?

It has nothing to do with tests done at the scene.

Pennsylvania law makes it illegal to drive with over .08% alcohol in your blood within two hours of driving or being in control of a vehicle.

The police will have to establish the time you were driving, and have a blood or breath test within two hours of that time to charge you with DUI at a specific BAC. There is also a DUI that does not require a specific BAC.

You should hire an attorney who is VERY familiar with DUI law to help you on this one. There are quite a few issues to deal with in your scenario.

Feel free to contact me with any questions.

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Answered on 7/31/06, 4:44 pm
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: what happenes if there is no tests done at the scene of the accident?

Sit down with an attorney, as previous counsel mentioned, there are to many issues to deal with in this e-mail....you can contact me directly either by my website at www.AlleghenyAttorneys.com or by phone at 412.731.0865. Best of Luck.

Sincerely,

Marc V. Taiani, Esquire

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Answered on 7/31/06, 4:44 pm


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