When one is charged with a DUI it seems the “innocent until proven guilty” belief goes out the window. Automatically, without proper investigation, the individual charged will be presumed guilty by nearly everyone. This is so even when there could be mechanical failures of the breath testing equipment itself or failure for the officer to adhere to the proper protocol. It is imperative that after a DUI is filed; it is fully proven whether or not the police adhered to the DUI laws in PA.
Arrested and Found Guilty are Not the Same Thing
Being arrested for suspicion of DUI and being charged and convicted of DUI are two very different things. Having an experienced DUI lawyer by your side could help ensure that you are not punished when you did not break the law. In Pennsylvania a driver must have a proven Blood Alcohol Concentration (BAC) of .08 or higher in order to be driving “drunk.” Here are some celebrities that have been arrested on suspicion of a DUI, according to TMZ.
1. Bobby Brown – 2012
2. Amanda Bynes – 2012
3. David Cassidy – 2010
4. Matthew Fox – 2012
5. Coco Crisp – 2011
6. Sam Ronson – 2011
7. Vince Neil – 2010
8. Nick Nolte – 2002
9. Jeffrey Donovan – 2009
10. Joyce DeWitt – 2009
One of the most important things to do following a DUI arrest is secure proper legal representation. It would be nearly impossible to ”win” a DUI case on your own.
Pennsylvania DUI Code
In Pennsylvania, there are defined regulations with regards to administering a Breathalyzer test as defined under 06 Pa. Code § 77.24. The regulation states that a person who is going to be given a breath test must be observed by the officer for 20 consecutive minutes, and in that time the detainee cannot ingest any beverages, including alcoholic ones, cannot have vomited, eaten, or smoked. When it is time for the test to be administered, a certified breath test operator must be the one to perform the breath test.
On Your Side
By having a skilled attorney representing you, you are ensuring that a full investigation will be conducted to ensure the DUI laws in PA were followed completely. Failure for law enforcement agents to properly follow protocol in this matter could result in the DUI charge being thrown out in court. Don’t allow yourself to be presumed guilty until proven innocent, stand up for your rights by hiring a lawyer to represent you in your case.
Mitch Tayler is a Social Media Coordinator with legal insight for those facing DUI charges. He can be contacted at dev@themcshanefirm.com.
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