The general rule in DUI cases, is that the level of alcohol or other substances in an individual accused of DUI's blood is inadmissible in court if it is not drawn within 2 hours of the Defendant's driving his motor vehicle. Specifically under Title 75 Pa.C.S. §...
DUI what is a closed roadway
by Bellwoar Kelly, LLP | Sep 18, 2017 | DUI
Pennsylvania DUI law applies "upon highways and traffic ways throughout this Commonwealth." Accordingly, a criminal defendant may only be convicted of a DUI if he is driving on a roadway or traffic way in Pennsylvania. A highway is defined as "the entire width between...
DUI warrant less blood draw
On Behalf of Bellwoar Kelly, LLP | Jul 16, 2017 | DUI
The law in the Commonwealth of Pennsylvania regarding warrantless blood draws where an accused is suspected of DUI is currently in flux. The state of the law regarding DUI and warrantless blood draws was illustrated in a three-judge panel in Commonwealth v. Ennels. On...
DUI 2 hour rule
On Behalf of Bellwoar Kelly, LLP | Jul 11, 2017 | DUI
Dui is a serious crime in the Commonwealth of Pennsylvania. Under PA law, the government must obtain an accused's blood or breath within 2 hours of the accused operating a motor vehicle. Pursuant to 75 PA.C.S. 3802(A), the DUI statute in Pennsylvania, an individual...
DUI second offense
by Bellwoar Kelly, LLP | Dec 31, 2016 | DUI
In Pennsylvania, driving under the influence is a crime that is taken very seriously. If you are arrested for a DUI for a second time, you will face harsher penalties than if it was your first. In order for a DUI to be considered your second offense, it must be the...
DUI and the admissibility of the PBT test
by Bellwoar Kelly, LLP | Aug 14, 2016 | DUI
One issue that comes up in DUI cases concerns the admissibility of PBT tests. Generally speaking, in DUI cases the results of a PBT test are not admissible. However, sometimes the PBT test might help the defense. In those instances, is the PBT...
DUI: Implied Consent law after Birchfield
by Bellwoar Kelly, LLP | Jun 28, 2016 | DUI
There has been a drastic change under Pennsylvania DUI law as a result of the Birchfield ruling and the implications on implied consent. This blog will address DUI implied consent law after Birchfield. Recently, the United States Supreme Court...
DUI: 2 hour rule
On Behalf of Bellwoar Kelly, LLP | Apr 28, 2016 | DUI
Under Pennsylvania law, blood must be taken from a DUI defendant within two hours of his being in physical control of a motor vehicle. Specifically, under 75 Pa C.S. § 3801 § (c), in order for an accused to be found guilty of dui, the defendant's blood...
Defending DUI cases
by Bellwoar Kelly, LLP | Apr 14, 2016 | DUI
A DUI conviction can be absolutely debilitating to a person and even their family. A conviction for a DUI can mean much more than just a license suspicion for a year or a year and a half. DUI basics A conviction for a DUI can mean a state conviction...
Pennsylvania case law re: operation of a motor vehicle for DUI purposes
by Bellwoar Kelly, LLP | Feb 12, 2015 | DUI
Pennsylvania law for Driving Under the Influence requires that the person be operating a motor vehicle. Courts look to a number of factors to determine whether a person is "operating" or "in actual physical control of a motor vehicle." As stated, the...
New Senate Bill clarifies DUI maximum sentence for second-time offenders in Pennsylvania
by Bellwoar Kelly, LLP | Nov 3, 2014 | DUI
Pennsylvania has recently passed a new law re: DUIs. This new law seeks to clarify a previous issue that during the sentencing of those individuals who have been convicted of a second offense for DUI within 10 years for refusing chemical testing. Prior to the...
Change to Chester County, Pennsylvania Intermediate Punishment Program
by Bellwoar Kelly, LLP | Jun 26, 2014 | DUI
As of April of this year, Chester County changed portions of its Intermediate Punishment Program (IPP). One of the most significant changes that occurred is that those individuals who have been charged with their 3rd Driving Under the Influence (DUI) within ten...
DUI refusal based on the conduct of the defendant in Pennsylvania
by Bellwoar Kelly, LLP | Mar 24, 2014 | DUI
Based on Pennsylvania law, the penalties for a DUI are enhanced dramatically in cases where the accused refuses to submit to chemical testing. As discussed in an earlier blog, refusal can come from the accused expressly refusing (i.e. saying "No, I will not...
Update in Pennsylvania Rule of Criminal Procedure and Effects on Drug and DUI Cases
by Bellwoar Kelly, LLP | Feb 26, 2014 | Drug Crimes, DUI
In Pennsylvania, in drug crimes and DUI the Commonwealth was required to call the lab technician to testify to the fact that the item seized or possessed was a controlled substance, and specify the weight of the controlled substance, or testify to the amount of...
IPP Sentencing for Driving Under Suspension in Chester Co. PA
On Behalf of Bellwoar Kelly, LLP | Jan 1, 2014 | DUI
IPP is available for DUI or Driving Under Suspension (DUI-related) offenses in Chester County, Pennsylvania. To see the IPP sentencing guidelines for those convicted of a DUI, click here. If you have been charged with Driving Under Suspension DUI-related, there are...