An appeal in the Pennsylvania Superior Court claimed that a field sobriety test conducted on a snow-covered road, along with breath testing conducted without the 20-minute observation period required by Pennsylvania law, were insufficient to support a conviction for driving under the influence (DUI). The defendant/appellant in Commonwealth v. Favinger…
The Commonwealth Court of Pennsylvania recently considered the appeal of a license suspension for refusal to submit to chemical testing. The defendant in Commonwealth v. Campbell denied that she refused testing, and the record shows that she consented to breath testing and submitted several samples. Rather, she argued that the…
The state can charge a person with DUI even without direct evidence of intoxication, as demonstrated by the case of a Texas man who was arrested and charged with DUI despite negative breath and blood tests. Prosecutors eventually dismissed all of the charges against him, but police continue to defend…
A bill currently pending in the Pennsylvania Legislature, SB 1036, would significantly expand the use of ignition interlock devices in DUI cases. This is a device that tests breath alcohol content (BAC) and prevents a vehicle from starting if the driver’s BAC is above a certain level. Currently, state law…
A late 2012 court ruling questioned the calibration methods used by Pennsylvania law enforcement for breathalyzer devices, and seemed to cast doubt on DUI cases all over the state. Comm. v. Schildt, No. 2191 CR 2010, opinion (Pa. Ct. Comm. Pleas, Dauphin Co., Dec. 31, 2012). Unfortunately, the Superior Court…
Driving while under the influence of drugs or alcohol, commonly known as “driving under the influence” or just “DUI,” is a serious offense under Pennsylvania law. Penalties can range from a loss of driving privileges to a lengthy prison sentence, depending on the circumstances. The law in Pennsylvania clearly defines…