In Pennsylvania, penalties for driving under the influence increase for second and subsequent convictions. While in many cases it is clear whether an offense constitutes a person’s first or second DUI offense, in some, such as in cases involving Accelerated Rehabilitative Disposition, it is less clear. The confusion over calculating…
Under Pennsylvania law, while motorists suspected of DUI are deemed to consent to breath tests pursuant to the implied consent law, they must provide express consent to submit to a blood test. Such consent must be voluntary and informed, however. If it is not, and a test is administered regardless,…
Under Pennsylvania law, people should not be convicted of DUI crimes unless the prosecution establishes their guilt beyond a reasonable doubt. Doing so does not necessarily require the Commonwealth to introduce concrete evidence of a DUI defendant’s intoxication, however. Rather, as demonstrated in a recent Pennsylvania opinion issued in a…
Under recent changes in Pennsylvania law, people can consume marijuana for medical purposes in certain circumstances. They can nonetheless be charged with marijuana-related DUI crimes if they drive while under the influence of marijuana, though. Thus, as discussed in a recent Pennsylvania opinion issued in a DUI case, the smell…
While people think of DUI offenses as involving people driving cars while under the influence of alcohol, under Pennsylvania law, DUI charges can arise out of the operation of any motor vehicle while impaired by any substance. This was demonstrated in a recent Pennsylvania opinion in which the court affirmed…
People involved in fatal DUI collisions will often be charged with numerous crimes. In order to establish their guilt, the Commonwealth generally must only prove their conduct was the cause of the fatal crash. As discussed in a recent Pennsylvania case, the actions of the victims of the crash do…
Most DUI arrests in Pennsylvania arise out of traffic stops. Law enforcement agents can only stop and question motorists for certain reasons, however, and if they surpass the scope of their authority, the stop may be illegal, and any evidence obtained during the stop may arguably be inadmissible. Recently, a…
The Constitution protects criminal defendants from self-incrimination, meaning they cannot be forced to make statements that could incriminate them. In many cases, even if a defendant makes statements suggesting guilt, those statements may be excluded from trial if the defendant was not properly informed of their rights before making them.…
In many DUI cases, the Commonwealth will rely on direct evidence, like the results of a blood or breath test, to demonstrate that the defendant committed the charged offense. If such evidence is obtained during a traffic stop made without reasonable suspicion that the defendant committed a crime, however, it…
Many people know that they can be charged with DUI offenses in Pennsylvania for driving with a blood alcohol level of 0.08% or higher. They may not know, however, that they can also be convicted of DUI for operating a vehicle after consuming alcohol to the point of impairment, regardless…