Sometimes, for some reason, an officer may arrest and charge someone for DUI where it is impossible or difficult to prove that the driver was in control of the vehicle within two hours of driving. This occurs sometimes where there is a single car accident (a car runs off the road into a ditch, for instance). The two hour rule can be used to either defeat the DUI or sometimes it can be used as leverage to reduce a DUI for a specific BAC (Third tier - .16 or higher , for instance) to a general intoxication/unsafe to drive charge, which is graded as a first tier offense with significantly less severe penalties.

The two hour rule is discussed in summary form here. The previous link also has a link to the complete text of a recent (2006) decision from the Pennsylvania Superior Court.

If your DUI resulted from a one car accident, or if the police showed up after you were already out of the car, you may have a two hour rule case. You will want to review it with an attorney. You should call attorney Joseph N. Gothie, Esq., at (717) 848-8455 to set up a free, confidential, no-risk consultation to discuss your case.

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