When Can You be Convicted of a Drunk Driving Charge in Pennsylvania without a Positive Blood Test?
Driving under the influence of alcohol or drugs is a serious crime in Pennsylvania. If convicted, you can face serious consequences such as hefty fines, jail time, license suspension, and even community service. The prosecution typically relies on chemical tests to determine if a driver was under the influence of alcohol or drugs. However, under certain circumstances, you can be convicted of a DUI charge even if the Commonwealth does not have a positive blood test.
- Field Sobriety Tests
If a police officer suspects that you are driving under the influence, they may ask you to perform a series of field sobriety tests, such as the walk and turn or the one-leg stand. These tests are designed to assess your balance, coordination, and cognitive function. If you fail these tests, the police officer may use this as evidence against you in court.
- Observations of the Officer
An experienced police officer can often tell if you are under the influence of alcohol or drugs based on your physical appearance, behavior, and odor. If the police officer testifies that you appeared drunk, slurred your words, and had bloodshot eyes, the prosecution may use this testimony as evidence against you in court.
- Refusal to Submit to Chemical Testing
In Pennsylvania, drivers are required to submit to chemical testing if the police officer has probable cause to believe that they are driving under the influence. If you refuse to submit to chemical testing, this can be used as evidence of guilt. However, the prosecution must show that the police officer had probable cause to suspect that you were driving under the influence.
- Admission of Guilt
If you admit to the police officer that you were drinking or using drugs before driving, this can also be used as evidence against you. Even if there is no blood test or chemical test, your admission of guilt can be very damaging to your case.
- Other Evidence
In certain cases, the prosecution may rely on other evidence to prove that you were driving under the influence, such as video footage from dash cams or surveillance cameras. They may also use witness testimony, such as testimony from passengers or other drivers who saw you driving erratically.
In Pennsylvania, you can be convicted of a drunk driving charge even if the Commonwealth does not have a positive blood test. The prosecution may rely on other evidence such as field sobriety tests, observations of the officer, refusal to submit to chemical testing, admission of guilt, or other evidence. If you have been charged with a DUI in Pennsylvania, it is important to consult with an experienced DUI attorney who can help protect your rights and defend your case effectively. Remember, drunk driving is a serious crime, and the consequences of a conviction can be severe. So, always drive sober and stay safe on the road.
Contact Chester County DUI Defense Attorney
It may be possible to fight your Pennsylvania DUI charge and win, but you’ll never know if you plead guilty without first exploring your options. Ciccarelli Law Offices can review your case to determine whether the local Pennsylvania district attorney’s case has weaknesses that are open to challenge. We will prepare each case as though it is going to trial to insure preparation and thorough understanding and will take the case to trial if you are not satisfied with the resolution that is offered. We strive to be zealous advocates and always try to obtain the best results for our clients.
We are based in West Chester PA (Chester County) in Suburban Philadelphia and represent individuals charged with Drunk Driving, DUI, Driving After Imbibing cases Throughout Pennsylvania including but not limited to Philadelphia, Lancaster, Allentown, Oxford Exton Phoenixville Parkesburg Malvern Coatesville Lionville Chesterbrook Devon Newtown Square Glen Mills Pottstown Downingtown Kennett Square King of Prussia Paoli and beyond.
You deserve a West Chester Pennsylvania DUI lawyer that is available when you need him, treats you with respect, and protects your rights vigorously. For more information or to schedule an appointment with an experienced Pennsylvania DUI Attorney at Ciccarelli Law Offices, by contacting us at (610) 692-8700 or toll free at (877) 529-2422.