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…
Typically, DUI charges arise out of traffic stops. The police must have reasonable grounds for pulling a motorist over, however, and if they do not, the Commonwealth may be precluded from introducing the evidence obtained via the stop at trial, regardless of how persuasive it is. Recently, a Pennsylvania court…
While most people are aware that they can be charged with DUI crimes for driving with a blood-alcohol level of .08% or higher, many are unaware that in Pennsylvania, DUIs are categorized by alcohol levels. As such, people who have higher blood alcohol levels at the time of their arrests…
Under Pennsylvania law, anyone charged with a DUI has the right to be defended by competent counsel. While criminal defendants can waive the right to counsel, the waiver must be made after they are properly apprised of their rights. Otherwise, it may be invalid. What constitutes a valid waiver was…
In most instances in which a person is charged with DUI, it is due to an accident or erratic driving observed by a police officer patrolling the town where the person was arrested. In some cases, however, an officer who receives information regarding an erratic driver may extend his or…
DUI defendants have numerous rights under the state and federal constitutions, including the right to a speedy trial. As demonstrated in a recent case, if the Commonwealth fails to prosecute a case in a timely manner, it can result in a dismissal of all charges. If you are charged with…
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…
Under Pennsylvania law, there are numerous DUI crimes a person can be charged with, including DUI – combined influence of alcohol and drugs. In a recent case decided by the Pennsylvania Superior Court, the court addressed what constitutes sufficient evidence to convict a person of DUI – combined influence. If…
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…
Under Pennsylvania and federal law, a police officer cannot detain a person without a warrant unless the officer has probable cause. This has been interpreted to mean that an officer cannot stop a vehicle unless the officer observes the driver of the vehicle committing a violation of the Vehicle code…