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DUI in PA: First time...

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kje5000

Junior Member
I was driving home from a bar with a few friends, really didn't think I was over the legal limit...

We got stopped at a random checkpoint. Upon opening the window the officer asked if we were smoking weed (we weren't at the time, my friend however had pretty stinky bud in his pocket.) I replied that we weren't, and he quickly started giving me sobriety tests. I did okay but he made me get out of the vehicle and head over to a gas station where they were rounding up and testing a bunch of people.

I did the tests pretty well, I'm not very balanced to begin with. So the officer eventually gives me a breathalizer test and I blow a .083. They cuff me and take me to a hospital where they proceed to draw blood for a test. I didn't have any marijuana on me or in the car, but I'm afraid small traces may show up in my blood (I was in a very smoky room earlier in the night, about 4.5 hours before the test and although I didn't smoke that night, I had smoked just a few days before this happened).

They never took me to the station. They dropped the blood sample off at the station and took me home. I had to pick my car up the next morning.

This is my first offense and I was cooperative, but I'm a little scared about the whole marijuana thing. It definitely wouldn't be enough to prove I was high while driving but I'm afraid that won't matter. If I test positive for that on top of my .083 BAC what am I facing? I'm so frustrated. Only .003 over the legal limit. I'm awaiting the blood test results and a summons in the mail. What kind of sentence am I looking at for pleading guilty? I'm thinking about getting an attorney as well. Any advice is appreciated...
 


An attorney would be a good idea, but it sounds like you're not sure what you're facing yet, so I'd wait till you do know.

Here's a couple things to consider:
Thinking of .08 as the "legal limit" will just get you into trouble. .08 is the 'per se' limit, meaning that you're essentially automatically considered drunk if you have a .08 or higher. It's entirely possible to be charged with a DUI if you're below this (obviously, the lower you are the more difficult it becomes for them to convict).

Also, you need to find out what you're blood test results said your BAC was. The roadside PBT is generally not considered your official BAC. If you were a .083 on the PBT, it's likely you dipped below .08 in the time between getting stopped and being taken to the hospital. Like I said, this doesn't mean they won't charge you, but it helps.
 

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