Under Pennsylvania law, if you are convicted of DUI have one or more prior DUI convictions, the law requires the courts to impose increased penalties. It is important to note, however, that only DUI convictions within the past ten years are considered when determining if a DUI defendant has prior…
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…
Simply because a person is charged with a DUI does not mean that they will be found guilty. Rather, to obtain a conviction, the Commonwealth must not only prove the elements of the DUI crime a person is charged with, but it must also prove that the arresting officer had…
In Pennsylvania, to convict a defendant of DUI – highest rate of alcohol, the Commonwealth must prove, in part, that the defendant had a BAC of at least 0.16%. Even if chemical testing establishes that a defendant’s BAC is 0.16%, however, the Commonwealth should not be able to obtain or…
It is common knowledge that a criminal defendant cannot be convicted more than once for the same crime. Thus, if a criminal defendant is convicted for multiple crimes arising out of the same act it may constitute double jeopardy in violation of the State and Federal Constitutions. Recently, the Superior…
Pennsylvania DUI charges are like any other criminal charge, in that the Commonwealth is required to prove each element of the alleged crime to obtain a conviction. One of the elements that the Commonwealth must prove in DUI cases is that the defendant was in actual physical control of the…
If you are charged with a Pennsylvania DUI, the Commonwealth is required to prove beyond a reasonable doubt that you committed the alleged crime. In DUI cases where the police did not perform chemical testing, the Commonwealth will typically rely on circumstantial evidence to support its case. In a recent…
The landmark case of Birchfield v. North Dakota was decided by the Supreme Court three years ago but continues to affect the status of Pennsylvania DUI law and the prosecution of DUI cases all over the country. For example, the Superior Court of Pennsylvania recently addressed the issue of whether a…
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…
Under the rights afforded by both the Pennsylvania and Federal constitution, the police cannot subject people to unreasonable searches. Pennsylvania recognizes different types of encounters between the police and citizens, including an investigatory search. As recently discussed in a case in which the Pennsylvania Superior Court overturned a DUI conviction…