Dui Law In Pennsylvania

The Pennsylvania DUI Law, which is set forth in Title 75 of the Pennsylvania Consolidated Statutes, sets forth the requirements for conviction of a DUI, as well as the penalties upon conviction of a DUI.

Pennsylvania DUI Law divides DUI offenses into three different tiers or levels, which are based upon the motorist's blood alcohol content, the presence of narcotics in the motorist's system, or even upon the motorist's refusal to submit to a chemical test of blood or breath.

Pennsylvania DUI Law requires, in general terms, that the prosecution prove the following elements beyond a reasonable doubt in order to prove guilt of a DUI:

1. The Identification of the Defendant as the Driver of the Vehicle
2. That the Defendant was in Actual, Physical Control of a Motor Vehicle on a Roadway (or in many cases, being on an actual roadway is not necessary for conviction)
3. That the Defendant was impaired by drugs or alcohol to a degree that he or she was incapable of safe-driving.

AND/OR

4. That the Defendant's blood alcohol content was .08% or greater within 2 hours of the time that he/she drove a vehicle
5. That the Defendant's blood contained evidence of narcotics/drugs within 2 hours of the time that he/she drove a vehicle