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...

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...

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...

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...

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 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...

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...

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...

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...