Can You Be Falsely Charged With a PA DUI because of the Snow?
Pennsylvania gets quite a bit of winter weather and as we all know snow and ice make it harder to drive. One problem you may face is a false Pennsylvania DUI charge because of the tough driving conditions. Just imagine:
You are driving on a icy secondary road in Harrisburg. You keep your speed slow and try to veer away from any dark patches on the road because you are concerned about black ice. You may press your brake from time to time at the suspicion of a slick spot or ice. Guess what, the cop in the unmarked car behind you sees lack of control, weaving (from you trying to avoid icy spots) and erratic driving (pressing the brake) and pulls you over for DUI.
Once you are pulled over, the rest is academic. The cop believes he sees “red, bloodshot and glassy eyes.” Your nervous explanations he calls “slurred speech.” He sees your reaction from the cold draft of having your window open and takes your shaking and clumsy reactions as “fumbling with the paperwork.” With all of this he presumes you to be drunk. You are asked to stand on one leg and stumble a bit because, well silly you, you are used to standing on both of your legs. You are asked to, like a gymnast on a balance beam, walk a straight line placing your heel against your toes and, because you are not a gymnast and very nervous, you cant never do it. All of this leads to you being arrested for and falsely charged with a PA DUI.
So what about those ever so accurate breath tests? They will save you right? Wrong:
- PA DUI Breath Tests are very inaccurate and produce a high number of false positives. They can produce an erroneous reading as a result of certain mouthwashes, cough medications and even white bread. You are also at high risk of a false DUI if you are a diabetic or have GERD or another medical condition.
- Police can charge you with a PA DUI even if you have a zero reading because they can charge you for being under the influence of drugs (even if you are not).
Some may see this as far-fetched, but ask any DUI Attorney and they will tell you that mistakes like this happen on a regular bases.
Pennsylvania drivers, please drive safely and please beware of the snow, ice and false DUIs.
If you are charged with a false DUI please call 1-866-MCSHANE to speak to an expert PA DUI Attorney.
Justin McShane
PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.