How can the DA’s office prove a DUI General Impairment charge in PA when I refused a blood test or breath test?

If you refused to take a blood test or a breath test in Pennsylvania, and the police officer had reasonable grounds to suspect you were driving under the influence of alcohol or drugs, you will lose your license for either 12 months, or 18 months if you had a prior DUI or chemical test refusal. However, since you refused the test, you may be wondering how the DA’s office will try to prove your guilt on a DUI charge when they have no evidence of your blood alcohol content.

Pennsylvania has established a DUI General Impairment charge to ensure that someone who refuses to submit to chemical testing does not get off the hook for a DUI. In a DUI General Impairment prosecution, the Commonwealth does not need to offer evidence of blood or breath testing results to prove your guilt. We offer this article as a basic summary of the law and evidence that may be offered against you in court.

Pennsylvania DUI General Impairment Law

The crime of DUI General Impairment is found under Title 75 Section 3802(a)(1) of the Vehicle Code. To prove you guilty of a DUI General Impairment offense in Pennsylvania, the Commonwealth must prove, beyond a reasonable doubt, that you drove, operated or were in actual physical control over the movement of a vehicle after imbibing a sufficient amount of alcohol rendering you incapable of safely driving, operating or being in actual physical control of the movement of the vehicle. Pennsylvania Standard Jury Instruction 17.3802(a)(1) further provides that a “defendant need not have been drunk or severely intoxicated or driving wildly or erratically to commit this crime. It is enough if alcohol had substantially impaired the defendant’s normal mental or physical faculties that were essential to safe operation of a vehicle.”

As noted in the law, the prosecutor does not need to prove a specific BAC. The prosecutor doesn’t need to prove you were drunk. The prosecutor doesn’t need to prove you drove in an out of control manner. The DA must prove that you consumed alcohol and that it substantially impaired your normal physical or mental faculties which are needed to safely operate a vehicle.

DUI General Impairment Evidence in PA

DUI General Impairment offenses are proven through a combination of direct and circumstantial evidence, which may include:

Erratic Driving and Traffic Violations: Although not required, proof of erratic driving or other traffic violations may be used to establish your guilt. Most common forms of erratic driving include auto accidents or near-accidents, repeated swerving and weaving, delayed responses to traffic signals, failing to use turn signals and failing to fully stop at stop signs or red lights. However, technical violations such as having a broken taillight are not indicative of impaired driving.
Your Admissions: In most cases, your own statements are the most incriminating evidence against you. Any statements you made about the type and quantity of alcohol you drank or drugs that you used can be used against you unless those statements were obtained in violation of your constitutional rights.
Signs of Intoxication: Police officers receive training on the detection of impaired drivers due to drugs and alcohol, and are trained to look for general signs of intoxication, such as an odor of alcoholic beverages, bloodshot and glassy eyes, slurred speech, difficulty answering questions, difficulty with standing, exiting a vehicle or swaying, and other signs showing impaired coordination.
Standardized Field Sobriety Tests: Police officers generally attempt to administer Standardized Field Sobriety Tests, which include the Horizontal Gaze Nystagmus (i.e. following pen with your eyes), Walk and Turn and One Leg Stand. During these tests, officers look for certain clues of impairment in your performance. Depending upon the number of impairment clues present in any or all of the tests, research has shown that there is a 65-77% chance that your BAC will exceed a .10%.
Preliminary Breath Testing (PBT): The purpose of the preliminary breath test is to allow an officer to determine that alcohol is the chemical basis of impairment. The test is typically used to establish probable cause to arrest, and the actual result cannot be offered into evidence against you at trial.
Refusal of Chemical Testing as “Consciousness of Guilt” Evidence: The prosecutor in your case may attempt to argue that you refused to take a blood or breath test because you knew you were guilty of DUI. This is what is referred to as “Consciousness of Guilt” evidence. Based upon recent case law developments, your attorney may be able to prevent the DA from arguing this point to a jury or to a judge in a non-jury trial.
Drug Recognition Experts: In drug related DUI cases, a Drug Recognition Expert may conduct a 12-step analysis to determine if you were impaired by illegal or prescription drugs.

What should I do next if I’m charged with a DUI General Impairment Offense in Pittsburgh, PA?

As is clear from the law, the prosecution does not need evidence of a specific BAC or erratic driving to prove this charge. Most DUI General Impairment cases are fact-specific, and require a careful and thorough factual analysis by a skilled Pennsylvania DUI defense attorney. For a free consultation, please contact our office today at 412-447-5580.