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In Pennsylvania DUI cases, constitutional protections against unlawful search and seizure play a critical role when chemical testing is involved. However, when blood is drawn by medical personnel for treatment rather than at the direction of law enforcement, Fourth Amendment protections may not apply. A recent Pennsylvania decision illustrates this distinction and explains how hospital-initiated medical testing can be used as evidence in DUI prosecutions. If you are facing DUI charges, a knowledgeable Pennsylvania DUI defense attorney can help you challenge any violations of your constitutional rights.

History of the Case

It is reported that police and emergency medical personnel responded to a one-vehicle rollover crash, where the defendant’s car was discovered upside down on its roof. Emergency responders observed that the defendant had not been wearing a seatbelt and exhibited visible injuries. Due to concerns about possible internal trauma, EMS recommended that the defendant be transported to a hospital. The defendant initially refused but later agreed to go. The responding officer did not direct or participate in the decision to transport the defendant.

It is further alleged that hospital staff, upon evaluating the defendant, restrained and sedated him before conducting a blood draw. At no point did the defendant provide consent for the draw. The officer at the scene was told by EMS personnel that they detected the odor of alcohol on the defendant. The officer later obtained a search warrant for the results of the blood test that had already been conducted by the hospital. The defendant moved to suppress the blood test results, arguing that the hospital staff were acting as agents of the state and that the blood draw violated his Fourth Amendment rights. Continue reading

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In DUI trials, proper jury instructions are essential to ensuring a fair trial and guiding jurors through the applicable legal standards. As such, disagreements over jury instructions can lead to unjust outcomes, and may be grounds for pursuing an appeal, as illustrated in a recent Pennsylvania case. If you are facing DUI charges in Pennsylvania, it is critical to work with a Pennsylvania DUI defense attorney who can assert all relevant procedural and constitutional protections on your behalf.

It Is Reported That the Defendant Refused a Blood Draw Despite a Valid Warrant

It is reported that in October 2022, a police officer encountered the defendant near a parked vehicle in the roadway with its hazard lights on. The officer allegedly observed signs of alcohol impairment, conducted field sobriety tests, and arrested the defendant for DUI. The officer transported the defendant to a DUI processing center and read him the Pennsylvania DL-26 form, advising him of the consequences of refusing a chemical test. The defendant refused to submit to a blood draw.

It is further reported that the officer obtained a search warrant for a blood sample and returned with the defendant to the processing center. The officer showed the defendant the warrant but did not allow him to physically read or handle it. The defendant again refused the blood draw. Rather than compel compliance, the officer charged the defendant with obstruction of the administration of law under 18 Pa.C.S.A. § 5101, citing the refusal to comply with a valid warrant. Continue reading

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Repeat DUI offenses in Pennsylvania carry increasingly severe penalties, and mandatory sentencing laws limit judicial discretion in imposing penalties. A recent Pennsylvania decision in which the court upheld a sentence for a third DUI highlights the strict statutory mandates governing DUI sentencing and serves as a reminder that prior convictions can significantly impact future penalties. If you are facing DUI charges, understanding the potential consequences is essential, and consulting a skilled Pennsylvania DUI attorney can help you navigate your case effectively.

Case History

It is reported that the defendant pleaded guilty to DUI – controlled substance and driving with a suspended license. The trial court sentenced the defendant to one to seven years in a state correctional facility, marking the defendant’s third DUI conviction. Additionally, the court imposed a mandatory $1,000 fine for driving on a suspended license.

Allegedly, because this was the defendant’s third DUI conviction, the law required that the sentence run consecutively to the sentence the defendant was already serving for a prior DUI conviction. The defendant was previously sentenced to a five-year probationary term, which was set to expire in 2027. The trial court ruled that the new sentence could not begin until the defendant had completed the probationary period from the prior conviction. Continue reading

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In Pennsylvania, traffic stops often serve as the basis for DUI investigations, and courts frequently examine whether an officer had probable cause to initiate a stop. This was demonstrated in a recent decision from a Pennsylvania court, which discussed the evidentiary standards for traffic stops based on window tint violations and how they can lead to DUI charges. If you are accused of committing a DUI offense, it is smart to consult an experienced Pennsylvania DUI defense attorney regarding what steps you can take to protect your rights.

History of the Case

It is reported that the defendant was stopped by law enforcement in April 2022 after an officer observed that the vehicle’s window tint appeared to be excessively dark, allegedly preventing the officer from seeing inside. The stop occurred between 1:00 and 2:00 a.m. in a dimly lit area, where the officer determined that the tint level might not comply with Pennsylvania law. After running a background check on the vehicle, the officer learned that the registered owner had only a photo identification card, prompting further investigation.

It is alleged that after stopping the vehicle, the officer detected signs of impairment upon approaching the defendant. The defendant reportedly exhibited bloodshot eyes, slurred speech, and an odor of alcohol. The officer conducted field sobriety tests, during which the defendant displayed multiple indicators of impairment. The defendant was then placed under arrest and transported for chemical testing. The results reportedly indicated the presence of alcohol and controlled substances in the defendant’s system, leading to multiple DUI charges. Continue reading

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In Pennsylvania, DUI charges often hinge on the totality of circumstances observed during a traffic stop, as well as the defendant’s compliance with requests for chemical testing. A recent Pennsylvania decision issued in a DUI case highlights the evidentiary considerations in such cases, particularly when a defendant refuses chemical testing. If you are charged with a DUI crime, it is essential to understand your rights, and you should speak to a Pennsylvania DUI defense attorney as soon as possible.

History of the Case

It is reported that the defendant was stopped by for traffic violations, including driving without headlights and failing to signal lane changes. Allegedly, upon approaching the defendant’s vehicle, the arresting officer observed a strong odor of burnt marijuana and noted that the defendant admitted to smoking a marijuana blunt shortly before the stop. The defendant also admitted to consuming alcohol approximately an hour and a half prior to the stop.

Reportedly, the officer conducted field sobriety tests, during which the defendant exhibited multiple signs of impairment, including difficulty maintaining balance and following instructions. Based on these observations, the officer arrested the defendant on suspicion of DUI and requested that he submit to a blood test. While the defendant initially agreed to the test, he later refused, thereby depriving the prosecution of potentially corroborative chemical evidence. Continue reading

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In DUI cases, a single incident can give rise to multiple charges, including serious offenses like involuntary manslaughter and aggravated assault by vehicle, depending on the circumstances. Pennsylvania courts must determine whether these charges warrant separate sentences or should merge for sentencing purposes, as discussed in a recent decision issued by a Pennsylvania court. If you face DUI or related charges arising from one incident, it is crucial to consult a Pennsylvania DUI defense attorney to determine what measures you can take to protect your rights and pursue a just outcome.

History of the Case

It is alleged that the defendant was convicted of multiple offenses, including involuntary manslaughter, aggravated assault by vehicle, and driving under the influence (DUI) of a controlled substance. The convictions stemmed from a 2015 incident in which the defendant while driving under the influence of marijuana, lost control of his vehicle and struck a utility pole. His fiancée, a passenger in the vehicle, suffered fatal injuries.

Reportedly, following a jury trial, the trial court sentenced the appellant to consecutive terms of incarceration for involuntary manslaughter and aggravated assault by vehicle, along with additional penalties for DUI and summary offenses. The defendant appealed, arguing that the trial court erred in failing to merge the sentences for involuntary manslaughter and aggravated assault by vehicle, as they allegedly arose from the same criminal act and shared overlapping elements. Continue reading

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In DUI cases, courts often rely on evidence from medical records, including blood alcohol content (BAC) results, to support convictions. Recently, a Pennsylvania court affirmed a trial court’s decision to admit BAC evidence from a defendant’s medical records despite the defendant’s challenge based on hearsay and confrontation rights. If you are accused of a DUI crime, it is prudent to meet with a Pennsylvania DUI defense attorney to understand your rights and defenses.

Factual Setting and Procedural History

It is reported that the defendant was involved in a serious vehicle collision after drinking at a local bar and subsequently making an unsafe left turn, resulting in a collision with another vehicle. Allegedly, this accident led to substantial injuries for a passenger in the other car, who required multiple surgeries and extensive rehabilitation. The defendant was transported to a local hospital for treatment, where blood samples were collected and analyzed, revealing a BAC of 0.21.

Allegedly, following her recovery, the defendant was charged with aggravated assault by vehicle while DUI and two DUI offenses. She moved to suppress the BAC evidence, arguing that her blood was drawn for legal, not medical, purposes and that its use in court violated her rights. The trial court admitted the BAC evidence under the medical records exception to the hearsay rule, leading to the defendant’s conviction. She subsequently appealed, raising several arguments concerning the admissibility of her medical records. Continue reading

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While some DUI charges result from stops initiated due to suspicion that a motorist is intoxicated, others arise from stops that the police conduct for other reasons. If it is subsequently revealed that the police lacked adequate grounds to effectuate a stop, there may be a basis for arguing that any evidence obtained during the should be dismissed. Recently, a Pennsylvania court discussed the grounds for granting a motion to suppress evidence in a DUI case in which it ultimately rejected the defendant’s arguments. If you are charged with a DUI crime, it is in your best interest to meet with a Pennsylvania DUI defense lawyer to examine what defenses you may be able to assert.

History of the Case

It is alleged that, following a traffic stop and subsequent investigation in January 2021, the defendant was charged with one count of driving under the influence of a controlled substance (DUI) and three summary offenses, including obstructed lights. The defendant filed a pretrial motion to suppress evidence, arguing the evidence and statements obtained during the traffic stop were unlawfully obtained. A suppression hearing was held, after which the court denied the motion. In a stipulated non-jury trial, the defendant was found guilty of DUI and not guilty of the summary offenses.

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In Pennsylvania, the implied consent law dictates that people suspected of driving while intoxicated must submit to a breath test or face penalties. The police must obtain a DUI suspect’s informed consent prior to administering a blood test, however. If they fail to obtain knowing consent, the results of such tests may be deemed inadmissible. Recently, a Pennsylvania court discussed the factors evaluated in determining if consent was given freely and knowingly in a case in which it ultimately affirmed the denial of the defendant’s suppression motion. If you are accused of a DUI offense, it is smart to confer with a Pennsylvania DUI defense lawyer to determine your options for pursuing a favorable outcome.

Factual Setting and Procedural History

It is reported that in May 2020, a state trooper observed a collision involving the defendant’s vehicle and another, resulting in the death of the other driver. The trooper noticed that the defendant seemed disoriented and displayed signs of possible drug use but did not conduct field sobriety tests. Despite being told he was not under arrest, the defendant consented to a blood draw at the hospital. The blood test revealed the presence of methamphetamine and Xanax.

Allegedly, the defendant filed a suppression motion on September 29, 2022, arguing that the blood draw was conducted without a warrant or valid consent. The trial court held a suppression hearing on March 7, 2023, and subsequently denied the motion. After a stipulated waiver trial, the court convicted the defendant and sentenced him on November 17, 2023. The defendant filed an appeal, arguing that the trial court erred in denying his motion to suppress. Continue reading

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Pursuant to recent changes in the law, police officers investigating DUI crimes can no longer compel suspects to submit to blood tests. Pennsylvania’s implied consent law presumes that people consent to submit to breath tests, though, and if they refuse to do so, it may result in a license suspension. In a recent Pennsylvania case, the court discussed what constitutes reasonable grounds to suspect a person of driving under the influence and request that they submit to a breath test. If you are charged with refusing to submit to a breath test or any other DUI-related offense, it is advisable to consult a Pennsylvania DUI defense lawyer as soon as possible.

History of the Case

It is alleged that Montgomery Township Police arrested the defendant for suspicion of DUI in February 2020. Following the arrest, the Pennsylvania Department of Transportation (DOT) informed the defendant in March 2020 that his refusal to submit to chemical testing would result in a 12-month suspension of his driving privileges under the Implied Consent Law.

Reportedly, the defendant appealed the suspension, and the trial court conducted a hearing, subsequently dismissing the appeal. The defendant then appealed to the Commonwealth Court, contending that the trial court erred in finding that the police had reasonable grounds to believe he was driving under the influence. Continue reading