Prosecutions for driving under the influence (DUI) in Pennsylvania present multiple challenges for both courts and defendants. Because of the sheer number of criminal cases handled by Pennsylvania courts, defendants must often wait months or even years for a resolution. This can be a significant burden for a defendant who…
A bill currently pending in the Pennsylvania Legislature, SB 1036, would significantly expand the use of ignition interlock devices in DUI cases. This is a device that tests breath alcohol content (BAC) and prevents a vehicle from starting if the driver’s BAC is above a certain level. Currently, state law…
A late 2012 court ruling questioned the calibration methods used by Pennsylvania law enforcement for breathalyzer devices, and seemed to cast doubt on DUI cases all over the state. Comm. v. Schildt, No. 2191 CR 2010, opinion (Pa. Ct. Comm. Pleas, Dauphin Co., Dec. 31, 2012). Unfortunately, the Superior Court…
The Superior Court of Pennsylvania vacated the sentence in a case involving a range of charges, from vehicular homicide to driving under the influence (DUI), finding that the trial court failed to merge the offenses when pronouncing sentence. Commonwealth v. Tanner, 61 A.3d 1043 (Pa. Super. Ct. 2013). The “merger…
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).…
Driving while under the influence of drugs or alcohol, commonly known as “driving under the influence” or just “DUI,” is a serious offense under Pennsylvania law. Penalties can range from a loss of driving privileges to a lengthy prison sentence, depending on the circumstances. The law in Pennsylvania clearly defines…