In Pennsylvania, DUI charges often hinge on the totality of circumstances observed during a traffic stop, as well as the defendant’s compliance with requests for chemical testing. A recent Pennsylvania decision issued in a DUI case highlights the evidentiary considerations in such cases, particularly when a defendant refuses chemical testing.…
While it is common knowledge you can be charged with DUI if a police officer directly observes you driving a vehicle under the influence of alcohol, many people are unaware you can be charged with DUI even if the arresting officer did not actually witness you operating a vehicle. In…
Under Pennsylvania law, if you are detained due to suspicion of DUI and refuse to submit to chemical testing, the Department of Transportation may suspend your license for one year. While the police are required to warn a suspect of the consequences of refusing to take a blood or breath…
The Superior Court of Pennsylvania recently remanded for re-sentencing an appellant’s DUI conviction because he was subjected to enhanced penalties provided by sections 3803 and 3804 for refusing to provide a blood sample, in contravention of the United States Supreme Court’s recent directive. In the early morning of February 12,…
In the wake of the Fourth of July, historically known for its high rate of drunk-driving fatalities nationally, Pennsylvania police departments have been enforcing new DUI rules mandated by the recent Supreme Court ruling in Birchfield v. North Dakota. Chief Gleason of the West Goshen Police Department said his officers…
People who operate vehicles in Pennsylvania have consented to chemical testing, simply by virtue of operating a vehicle, if they are suspected of driving under the influence of alcohol (DUI), according to Pennsylvania law. This applies even if a person is operating a bicycle at the time police seek to…
The Commonwealth Court of Pennsylvania recently considered the appeal of a license suspension for refusal to submit to chemical testing. The defendant in Commonwealth v. Campbell denied that she refused testing, and the record shows that she consented to breath testing and submitted several samples. Rather, she argued that the…
A driver appealed the suspension of his driver’s license to the Commonwealth Court of Pennsylvania, arguing that the trial court lacked sufficient evidence and committed several legal errors. The Commonwealth Court disagreed and affirmed the suspension. Blalock v. Commonwealth, No. 1592 C.D. 2012, opinion (Pa. Commw. Ct., May 28, 2013).…