Q:
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What constitutes DUI/DAI in Pennsylvania?
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A:
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There are two definitions of DUI in Pennsylvania:
1) A person driving, operating or in physical control of a motor vehicle after imbibing a sufficent amount of alcohol such that the person is incapable of safely driving, operating or being in actual physical control of the motor vehicle. This is a subjective standard which is based upon many factors including driving behavior, field sobriety tests and physical signs of intoxication observed by police.
2) A person driving, operating or in actual physical control of a motor vehicle when alcohol concentration in the person's blood or breath is at least .08%. This is an objective standard which is based upon testing such as a blood test or an Intoxilyzer test.
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