When the police stop people for suspicion of DUI, it is often due to erratic driving. Thus, it is not uncommon for a person charged with a DUI crime to face charges for other offenses, like careless driving. Pursuant to Pennsylvania law, a person must generally be tried for all…
People often think of DUI charges as arising out of direct evidence that a person operated a vehicle while intoxicated, but in many instances, the prosecution’s evidence is solely circumstantial. While circumstantial evidence is sufficient to convict a person for a crime, a conviction that rests solely on information from…
In Pennsylvania, there are numerous DUI offenses a defendant may be charged with committing. For example, a defendant with a blood alcohol level of 0.15% or higher may be charged with driving under the influence – highest rate of alcohol. To prove a defendant is guilty of DUI – highest…
In any Pennsylvania DUI case, the Commonwealth bears the burden of presenting a prima facie case at the preliminary hearing that the defendant committed the crime alleged. In other words, the Commonwealth must show evidence of each element of the crime for the case to proceed. If the Commonwealth is…
It is a widely known fact that a person who is accused of a crime, such as a DUI, is innocent until proven guilty. In Pennsylvania DUI cases, the rule of corpus delicti places the burden on the State of proving a crime has been committed before a defendant’s admission can…
In Pennsylvania law, there are several statutory provisions under which a person can be charged with DUI. While some of the DUI provisions require the Commonwealth to prove a defendant’s blood alcohol level at the time of his or her arrest, a person can be convicted for DUI general impairment…
If you are stopped for suspicion of a DUI but do not submit to a blood or breath test, the state can nonetheless use circumstantial evidence to charge you with DUI. Typically, in absence of chemical testing, the most detrimental evidence against a DUI suspect is the results of a…
Many people mistakenly believe they must submit to a blood test if they are detained due to suspicion of DUI. While this used to be true, the Supreme Court’s decision in Birchfield v. North Dakota changed the legal landscape throughout the country with regards to the use of blood draws…
The Pennsylvania Superior Court recently held that a trial court’s reference to defense counsel’s status as a public defender before the jury in a DUI case was not grounds for a mistrial. One afternoon in May 2014, Pennsylvania state trooper Michael Perillo was dispatched to Interstate 76-West due to reports of…
Everyday I see individuals who are charged with a DUI in Pennsylvania walk into court and simply plead guilty. Most of the time I know nothing about their case or what their attorney has done or hasn’t done. People need to understand that just because you are arrested for a…