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Pennsylvania DUI Lawyers Blog

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Commonwealth Court of Pennsylvania Holds That The Mistaken Belief That Increased Penalties Will Be Imposed for Refusing to Submit to a Blood Test is Not Sufficient Grounds to Suppress Test Results

Under Pennsylvania DUI law, you must knowingly and willingly consent to chemical testing for the results of the test to be admissible. If you can show that your consent to a blood test was invalid or coerced, you may be able to suppress the results of the test. Before the…

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Pennsylvania Department of Transportation is not Bound by a Plea Agreement not to Suspend a Defendant’s License in a DUI Case

Under Pennsylvania DUI law, refusing to submit to a breath test during a stop due to suspicion of DUI can result in a suspension of your license. In some cases, you may be able to come to an agreement with the arresting officer and prosecuting attorney that allows you to…

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Acceptance of ARD for a Pennsylvania DUI Charge Constitutes a First Offense for Purposes of License Suspension

If you are convicted of a second DUI offense in Pennsylvania, you may face increased penalties. While in most cases it is clear what constitutes a second DUI offense, in some circumstances clarification is required as to whether a prior disposition of a DUI charge constitutes an offense. In Shaffer…

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Pennsylvania Drivers Suspected of DUI Required to Submit Two Breath Samples to Avoid License Suspension

Most people are aware that if you are stopped due to suspicion of a DUI, the police can request that you submit to a breath test. It is not common knowledge, however, that under Pennsylvania DUI law, you are required to provide two breath samples, and the refusal to provide…

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Commonwealth Court of Pennsylvania Clarifies Law Regarding What Constitutes a Second DUI Offense

Under Pennsylvania DUI law, if you are convicted of a second DUI offense within a certain time period, you will likely face greater penalties than if you had no prior DUI convictions. Recent changes in section 3806(b), the provision of the code that determines what constitutes a second offense, modified…

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Pennsylvania Courts Rule Birchfield Does Not Prohibit a License Suspension for Refusing a Blood Test

The United States Supreme Court’s decision in Birchfield v. North Dakota, is an important ruling that permanently altered the manner in which DUI cases are prosecuted and what penalties may be imposed, throughout the country. In Pennsylvania, Birchfield continues to cause confusion, however, both among the prosecution and Pennsylvania DUI…

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Pennsylvania Supreme Court to Rule Whether Birchfield v. North Dakota Applies Retroactively

The United States Supreme Court’s ruling in Birchfield v. North Dakota drastically changed the prosecution of DUI cases throughout the country. In Birchfield, the Court held that a DUI defendant cannot be subject to warrantless blood tests or face increased criminal penalties for refusing to submit to blood testing. The…

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Circumstantial Evidence Provides Sufficient Grounds to Charge a Suspect with DUI Under Pennsylvania Law

While it is common knowledge you can be charged with DUI if a police officer directly observes you driving a vehicle under the influence of alcohol, many people are unaware you can be charged with DUI even if the arresting officer did not actually witness you operating a vehicle. In…

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What Constitutes Refusal to Submit to Chemical Testing in Pennsylvania?

Under Pennsylvania law, if you are detained due to suspicion of DUI and refuse to submit to chemical testing, the Department of Transportation may suspend your license for one year. While the police are required to warn a suspect of the consequences of refusing to take a blood or breath…

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Pennsylvania Supreme Court Considers Whether Refusal Of Pennsylvania DUI Suspects To Submit To Blood Tests Is Proof Of Consciousness of Guilt

Courts throughout the country continue to feel the repercussions of the Supreme Court’s recent ruling in Birchfield v. North Dakota, as they try to navigate the effects of the decision on current DUI case law and statutes. Birchfield held, in part, that increased criminal penalties could not be imposed on…

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