DUI_FactsAs a public service, and to heighten awareness about DUI in Montgomery County PA and the surrounding areas, here are “3 DUI Facts You May Not Have Known.”


1.  You do not have to actually be driving a car to be convicted of drunk driving.  That’s right.  The DUI law in Pennsylvania requires that a person need be merely “in actual physical control”  of a vehicle while intoxicated.  What this means is that you can be convicted of DUI if you are parked alongside the road with your keys in the ignition and the engine running or sitting in your house after driving a vehicle and the police have reason to believe that you were driving it while under the influence minutes earlier.

2.  You have no right to refuse a breathalyzer or blood test after being arrested for DUI.  This confuses many people.  While an individual does have the right to an attorney upon being arrested on suspicion of DUI they do NOT have the right to consult an attorney before submitting to a chemical test.   While the cop advises the motorist that he has no right to refuse the chemical test this notion runs against a person’s instincts to not give evidence to a police officer after they have been read their Miranda warnings.  If a client refuses the test then his PA driving privileges will be suspended for between 12 and 18 months.

3.  A person does not actually have to be high on drugs to be convicted of DUI.  Uh huh.  The Pennsylvania DUI statute says that if a person has trace amounts of an illegal drug, such as marijuana, in their bloodstream then they have violated 75 Section 3802 (d)(1)(i) which says that you don’t have to be under the influence of an illegal drug – you just need to have the presence of that drug in your blood.  That’s brutal.  EX:  A DUI client comes to visit me whose blood has been tested and come up positive for marijuana. They tell me that they hadn’t smoked for two weeks.  Then I need to tell them that it doesn’t matter – the drug was in your system – much to their bewilderment.


Leave a Reply