In Pennsylvania, a DUI conviction does not necessarily require blood alcohol testing or field sobriety results. Rather, courts are permitted to consider circumstantial evidence, including a defendant’s behavior, appearance, and manner of driving, to determine whether the individual was incapable of safe operation due to alcohol consumption. A recent decision by a Pennsylvania Superior Court affirmed this principle, holding that sufficient circumstantial evidence supported a DUI conviction even in the absence of chemical testing or direct observation of drinking. If you are charged with a DUI, it is important to understand what evidence may be used against you, and you should consult a Pennsylvania DUI defense attorney.
Facts of the Case
It is reported that the defendant attended a can-release party at a local brewery on August 6, 2022, arriving around noon and remaining at the event for over three hours. Witnesses observed the defendant seated in the same location throughout the afternoon. When the event ended, the defendant entered his vehicle and attempted to leave the parking lot. He accelerated rapidly and crashed through the wall of the brewery, then reversed through the parking lot and onto a nearby street.
It is reported that the police arrived shortly thereafter and observed the defendant sitting in the driver’s seat of the damaged vehicle. The officer who responded to the scene reportedly noted signs of intoxication, including glassy, bloodshot eyes, slurred speech, and delayed responses. According to the officer’s report, the defendant admitted that he had been drinking and acknowledged that he had struck the building. It is further reported that the officer attempted to conduct field sobriety testing, but the defendant claimed injury from the crash and was transported to the hospital before any tests could be administered. The defendant left the hospital prior to the officer’s arrival, and no blood alcohol test was conducted. Continue reading