Under the Pennsylvania Implied Consent Law, a driver who is suspected of driving under the influence of alcohol but refuses to submit to chemical testing can suffer a suspension of his or her license. To suspend a license pursuant to the Implied Consent Law, the Department of Transportation must prove…
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…
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…
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…
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…
In June 2016, the United States Supreme Court issued Birchfield v. North Dakota, which held that a DUI suspect may not be informed they are subject to increased punishment in the event of refusing a blood test. A Pennsylvania DUI defendant who was arrested after Birchfield, but before the General…