Lehigh County DUI - 2 Hour Motions

As I spoke to a DUI attorney in Quakertown, I pondered "Two Hour Motions" in DUI cases in Lehigh County.  

The legal theory in a two-hour motion is that a person's BAC level must be proven to exceed the proscribed level (.08) within two hours after the person has driven in order to be found guilty.  This is either through breath or blood.  Therefore, the test being done within two hours is an element of the crime.  This is tremendously important as your Lehigh County criminal lawyer fights your case.  Normally, the test is done within the 2 hour window and is sufficient to prove this element.  

Exceptions to the 2-hour rule apply pursuant to 75 Pa.C.S. § 3802(g).  It states the following,

Exception to two-hour rule.--Notwithstanding the provisions of subsection (a), (b), (c), (e) or (f), where alcohol or controlled substance concentration in an individual's blood or breath is an element of the offense, evidence of such alcohol or controlled substance concentration more than two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle is sufficient to establish that element of the offense under the following circumstances: 

(1) where the Commonwealth shows good cause explaining why the chemical test sample could not be obtained within two hours; and 

(2) where the Commonwealth establishes that the individual did not imbibe any alcohol or utilize a controlled substance between the time the individual was arrested and the time the sample was obtained. 

So, essentially, your attorney from Lehigh County will want to file a Motion in Limine to preclude the blood or breath test.  A hearing on the motion will be conducted by the judge and the Commonwealth will bear the burden of proving whether "good cause" was shown as to why it took over 2 hours to have the test administered.