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…
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…
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,…
The Pennsylvania and United States Constitutions protect people from unreasonable searches. This means, among other things, that a DUI suspect cannot be compelled to submit to a blood test absent a warrant. There are some exceptions to this rule, though, such as when exigent circumstances exist. Recently, a Pennsylvania court…
In most DUI cases, the Commonwealth will rely on the results of a blood or breath test to support the argument that the defendant was operating a vehicle while intoxicated. Under Pennsylvania implied consent law, drivers are deemed to agree to submit to breath tests and can face penalties for…
Pursuant to the landmark Supreme Court decision in Birchfield v. North Dakota, the results of blood alcohol tests obtained without a warrant are inadmissible in many cases. Specifically, even if an officer obtained a defendant’s consent prior to the test, the consent will be deemed invalid if it was provided…
Many people who are stopped for suspicion of DUI are reluctant to submit to a blood test and believe that if the Commonwealth does not obtain their blood alcohol level, the prosecution will not be able to obtain a conviction. As illustrated in a recent Pennsylvania DUI case, though, such…
Although the seminal DUI case of Birchfield v. North Dakota was decided three years ago, courts continue to analyze its impact on DUI cases throughout the country, including in Pennsylvania. For example, the Supreme Court of Pennsylvania recently addressed the issue of whether the Birchfield ruling should be applied retroactively…
Under Pennsylvania’s implied consent law, anyone driving on Pennsylvania roads is presumed to consent to chemical testing. While an individual who is suspected of DUI is permitted to withdraw his or her consent, it can result in civil penalties, such as the loss of his or her license. Recently, the…
In many Pennsylvania DUI cases, the Commonwealth will rely on the results of a blood test to prove a defendant’s intoxication. Recent changes in the law require a police officer that is investigating a person for suspicion of DUI to obtain a warrant to compel the person to undergo a…