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I got a DUI in Pennsylvania with a BAC of .10. Can I beat it?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
Under PA DUI laws, anyone who is driving with a BAC of .08 is considered to be above the legal limit and guilty of driving illegally while intoxicated. If your BAC is .10, this means you are above the legal limit by a fairly significant amount. This doesn't mean you cannot beat the charge, but it does mean that you are going to have to make sure you have a really strong case if you want to do so.
In a DUI case, as in any other criminal case, the burden is on the prosecutor to prove that you are guilty of the crime you are accused of. This means you just need to make sure the prosecutor doesn't prove that beyond a reasonable doubt. You can do this in several different ways, but one of the best ways to do so is either to get the prosecutor's evidence thrown out so he can't prove his case, or to make a convincing argument that there is something wrong with the prosecutors evidence.
Therefore, one option may be to argue that the evidence against you was collected illegally. This occurs if you were searched without probable cause (aka if the police gave you a breathalyzer without having any reason to suspect you were drunk. If you are searched illegally, this is a violation of your Constitutionally protected right and any evidence that was obtained against you as part of that search will not be admissible in court.
You do have other potential defenses you may be able to raise as well depending on the circumstances. The best thing you can do is to contact a lawyer who will review your case and help you to determine how best to beat the DUI.
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