I was charged with a DUI on 1/1/2013. I received my criminal complaint and affadavit and the charge in my criminal complaint was 75 3802 a1 (Lead) DUI: Gen imp/inc of driving safely. There is no exact BAC in the criminal report. I took two breathalyzers, and was taken to the hospital for my blood. I was then driven home by the police officer to my house since I was so cooperative. Could these charges be amended if my blood test comes back higher or did the officer determine from my breathalyzer that did not have a high BAC and may fall in Tier 1 or Tier 2 so he charged me with the lowest offense? Please advise. Thanks.
Criminal Defense Attorney
The Commonwealth is entitled to seek an amendment to the complaint so do not get comfortable thinking that the government is limited to charges as stated. There are numerous ways for the Commonwealth to proceed for a DUI and will depend on what is in your blood and your prior record for DUI. It is imperative that you retain an experienced criminal defense attorney to represent you.
Criminal Defense Attorney
The Commonwealth has the right to amend your charges provided that there is a factual basis to justify the modification. You would be well advised to contact an experienced attorney who, like me, routinely handles DUI matters; once your case is reviewed, they will be in the best position to advise you of your rights and any options that you may have.
Thank you for posting and best of luck!
LEGAL DISCLAIMER Mr. Fienman is licensed to practice law in Pennsylvania and New Jersey. His phone number is 215-839-9529 and his email address is firstname.lastname@example.org . To learn more about Mr. Fienman, please visit his website: http://www.forgoodlaw.com Mr. Fienman is ethically required to state that the response herein is not legal advice and does not create an attorney-client relationship. Mr. Fienman's responses are merely educational and are intended only to provide general information about the matter stated in question. Oftentimes, the question does not include significant facts that, if known, could significantly change the reply or make such reply unsuitable. Mr. Fienman always recommends that the questioner contact an attorney who is licensed in their state to ensure that proper advice is received. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
As has been stated the Commonwealth is permitted to request an amendment of the charges as they were originally filed by the officer. It ordinarily takes some time for blood test results to be available, so it is not uncommon for the charges to be amended at the prelim to reflect BAC results obtained through blood testing. Absolutely secure qualified DUI counsel to assist you. Depending upon many factors not addressed in your question, there may be a number of options open to you. Without competent legal counsel, you may well not be aware of/able to pursue those options. Good luck.
I typically say that 3 things can occur at a PH. All charges being dropped, some charges being dropped and some being held for trial and all charges being held for trial. Because the standard is so low, all charges being held over is the most likely outcome. However, charges can be amended or added based upon what is presented at the PH.