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Post being replied to

statutory language by notredomer2005

the way our alcohol statutes are written, at least in PA, it wouldn't matter. As long as within 2 hours of driving your blood alcohol content is .08 or greater, you've committed DUI. Poor language to be sure, as the common scenario of driving home sober from work and having a few beers could potentially subject you to criminal penalty. As a practical matter, if the particular defendant is entitled to a jury on the charges, I do not prosecute those cases. Jurors have heard about that "strategy" for so long they will ignore instruction on the law anyway.