QUESTION

Can I be charged with DUI if my breath was tested at home?

Asked on Apr 02nd, 2016 on DUI/DWI - Pennsylvania
More details to this question:
I had one beer after work with coworkers. After I got home I had three hard liquor. Someone contacted the police and said I was driving drunk on my way home from work. They came to my door an hour after I got home and arrested me. I blew a .20. I had the three drinks before they came to the door. Please comment.
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1 ANSWER

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
I have had many people tell me this story. It must happen a lot. I had a guy once who wrecked his car into a tree, went home and had already consumed most of a fifth of JB before the cops pounded on his door. If that is your story, you can go with it if you find a lawyer who will want to pitch that to a jury. Maybe you get some drinkers on the jury. If you go non-jury, no judge is likely to believe that defense as they have heard it before.
Answered on May 04th, 2016 at 11:17 AM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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