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

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: 04/07/2025
• State: Pennsylvania

Answer:

Pennsylvania has attempted to do away with “relation-back” testimony by providing the police with two hours to conduct the blood or breath testing from the time of actual control of a vehicle. The following are PA statutes:

(75 Pa.C.S. Section 3802)

(a) - General Impairment -

(1) An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the vehicle;

(2) An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .08% but less than .10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

(75 Pa.C.S. Section 3802)

(b) - High Rate of Alcohol - An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .10% but less than .15% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

(75 Pa.C.S. Section 3802)

(c) - Highest Rate of Alcohol - An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.