The 2-hour rule is an element of all DUI's, except for DUI's involving drugs. The DUI statute states for each of the 3 levels of alcohol DUI that the level must be measured "within two hours after the individual has driven". Thus, it is a critical element of a Chester County DUI that involves alcohol.
The key factor in many cases is when the individual drove. Also, as discussed previously in the 2-hour post, if the test is taken after 2 hours, the Commonwealth must show good faith as to why they failed to have the test taken in that time.
What if, however, you come to your Chester County DUI lawyer and explain that you drove, parked, and were later arrested? There is potential to beat the case based upon the fact that alcohol could have been consumed after you parked your car. In Commonwealth V. Wright, for example, the Beaver County Court ruled on a case that involved something similar. In that case, police responded to a crash at 12:20am. The officer at the scene observed fresh blood. The police traced the vehicle to the defendant's home where more blood was located inside and outside the home. The Defendant was located at the house around 1:00am. He had a cut on his foot. The police transported the defendant to the hospital via ambulance where his BAC was determined to be .167%. The case was dismissed as the Commonwealth was unable to show when the vehicle was operated or what defendant's ability to operate was at the time of driving.