Most people presume that the key to avoiding a DUI arrest is testing below the legal limit on a breathalyzer test, but the recent arrest of a former college football player undermines this assumption.  Joseph Burnett II is a former All-American football player at the University of Central Florida who had signed a professional contract with the New York Giants.  Burnett was arrested by police despite passing a breath test not once but twice.

The legal limit at which a Pennsylvania driver is presumed to be driving under the influence of alcohol in Florida is .08 percent.  Burnett’s BAC registered 0.046 percent, which is far below this threshold.  Burnett was arrested based on the officer’s other observations.  The officer observed Burnett driving at a low rate of speed and failing to maintain his lane.  The officer indicated that Burnett was arrested because he failed field sobriety testing and concluded that Burnett’s normal faculties were impaired.

While this case is somewhat unusual, it is not without precedent.  Most drivers arrested for DUI test over the legal limit on a breath test.  The breath test is usually the most compelling piece of evidence supporting a DUI arrest.  An arrest based on a .08 percent BAC level is called a “per se” offense.  A driver who is over that threshold is presumed to be impaired even without evidence of actual impairment in one’s driving.  However, a person may be arrested for actual impairment in their driving even if their BAC is not over the threshold for a per se offense.

Anytime someone tests substantially below the per se threshold, there is a strong possibility to obtain a dismissal of the charges or at the very least a reduction.  If you are charged for DUI in Pittsburgh or anywhere in Pennsylvania, you should contact an experienced Pittsburgh DUI lawyer.  We carefully investigate the circumstance surrounding your stop and arrest including any field sobriety testing results or breath testing results so that we can develop the best available defense strategy.  If you or someone you love has been arrested for DUI, call us today for your initial consultation.

With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.

I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case.  You will also find out how our practice can be put to work for you.

I look forward to listening to the circumstances of your case and discussing all available options under the law.

Sincerely,

Michael V. Worgul

Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943