What is the time limit for blood tests after being pulled over?

Full question:

Is there a time limit for how long after I was pulled over till I was given a blood test?

  • Category: Criminal
  • Date:
  • State: Pennsylvania

Answer:

In Pennsylvania, law enforcement has a two-hour window to conduct blood or breath tests after a driver has been pulled over. This is to ensure that the test results accurately reflect the driver's blood alcohol concentration (BAC) at the time of driving.

According to Pennsylvania law (75 Pa.C.S. § 3802):

  • General Impairment: A person cannot be in control of a vehicle after consuming enough alcohol to be incapable of safe driving, or if their BAC is between .08% and .10% within two hours of driving.
  • High Rate of Alcohol: A person cannot be in control of a vehicle if their BAC is between .10% and .15% within two hours of driving.
  • Highest Rate of Alcohol: A person cannot be in control of a vehicle if their BAC is .16% or higher within two hours of driving.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Pennsylvania, if you are pulled over on suspicion of DUI, you can be compelled to provide a blood sample under the implied consent law. Refusing to give a blood sample can lead to penalties, including license suspension. However, law enforcement must follow proper procedures when requesting a blood sample.