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Law Offices of Lance T. Marshall

Guilty until proven innocent in DUI

When facing a DUI charge, and you're BAC is above .08, you are often guilty until proven innocent.  At this time, you need the best criminal defense attorney you can hire to help you fight these charges and ensure the best result you can.  DUI Defense

In a run-of-the-mill driving under the influence (DUI) case involving alcohol, the Commonwealth always has the burden to prove its case beyond a reasonable doubt.  As one PA court stated "[Requiring a defendant to rebut the inference that his BAC was above a level with scientific evidence] is unreasonable, because it relives the Commonwealth of its burden of proving beyond a reasonable doubt each and every element of the offense.

In general, there are two ways for the Commonwealth to prove DUI.  The first is the "subjective" theory, where the Commonwealth must prove the individual is under the influence of alcohol to a degree that renders him or her incapable of safe driving.  The second theory is "objective", where a person's BAC is above a certain number, then they are guilty of DUI.  It is this second theory that causes most of the problems for individuals.  How does an individual challenge a BAC reading?

Imagine if you will an elephant.  Let's say the Commonwealth must prove, beyond a reasonable doubt, the weight of the elephant.  The elephant steps on the scale, and the scale reads 11,787 pounds.  The question becomes, has the Commonealth proved, beyond a reasonable doubt, the weight of this elephant? The answer is "no."  A good lawyer would ask things along the lines of, what kind of elephant is it? What is the average size of the elephant?  Do you have a picture of the elephant?  What kind of scale was used? When was the last time this scale was calibrated?  

This is the kind of analysis that needs to be done with a BAC.  What should your BAC be?  This depends on how much alcohol an individual has consumed, when the alcohol was consumed, and were there any other factors that might contribute or interfere with the absorption of alcohol into the system?  What kind of machine was used to determine the BAC?  How does this machine work? When was the last time this machine was calibrated?  

If you are charged with DUI, and your BAC is above .08, you are presumed guilty and you must prove yourself innocent.  Hire the best and most experienced lawyer to fight these charges in Blair, Centre, Clearfield, Clinton, Huntingdon, Mifflin Counties.

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Law Offices of Lance T. Marshall
250 East Beaver Avenue
Suite 774
State College, PA 16801

Phone: 814-308-0422
Fax: 814-308-8552
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