Yesterday I represented a client charged with a Highest Tier (above .16 BAC) DUI offense – 3802(c). A conviction on that offense would result in 3 days to 6 months in jail and a one year license suspension. The District attarney’s office had denied our requests for ARD placement due to my client’s prior, though unrelated, record.
Fortunately, we had a viable defense to the BAC specific offense due to the facts of the case. Part of what the Commonwealth needs to do to win a conviction on a 3802(c) offense is to prove that the motorist’s BAC was over .16 within two hours of operating the vehicle. In this case Police encountered my client who was standing near a vehicle that had been stuck in the railroad tracks. My client subsequently submitted to field sobriety tests and eventually the blood draw which showed his BAC to be above .16. He also made some statements indicating that he was the driver of the vehicle that was stuck on the tracks. However, I knew that the Commonwealth would have trouble proving that his blood was drawn within two hours of operating the vehicle – which is required for the BAC specific offense. Accordingly, we set the case for trial.
Just before we were set to begin the Assistant District attarney agreed to drop the 3802(c) in exchange for a plea to a 3802(a)(1) – general impairment. This reduced the impact to my client from 3 days in jail to Zero days in jail and 1 year license suspension to no license suspension.
If you are facing a Driving Under the Influence charge in Reading or Berks County, Pennsylvania you need an experienced DUI trial attarney. I have obtained favorable results for several hundred DUI clients in Berks County over the past 6 years including Not Guilty verdicts, suppression of evidence, reduction in charges or placement in an alternative sentencing program. Call our office today to schedule a free consultation.