Are there any exceptions to a DUI charge?

Yes, there are exceptions to a DUI charge in Pennsylvania. For instance, a person who drives with a blood alcohol content (BAC) of 0.05 or lower is presumed to be driving safely. This BAC limit is lower than the 0.08 that is the legal limit for driving under the influence (DUI) and therefore, a driver with a BAC of 0.05 or lower would not be considered to be driving under the influence. It is also important to note that alcohol can remain in a person’s system for several hours after they have stopped drinking. Therefore, a driver who had consumed alcohol earlier in the day, but has a BAC within the legal limit, can still be charged with a DUI if they are found to be impaired by the alcohol. In this case, the driver may be able to use the “Time and Distance Defense” to argue that the alcohol had cleared from their system and that they were sober enough to drive. Additionally, some medical conditions, such as diabetes and sleep apnea, can cause drivers to display symptoms that resemble intoxication. If law enforcement believes a driver is under the influence, the driver can try to prove that a medical condition is the cause of the symptoms to avoid a DUI charge. Finally, if you are pulled over for suspected DUI, you have the right to remain silent and ask for a lawyer before answering any questions. This may help you avoid saying something incriminating that could lead to a DUI charge.

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