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Pennsylvania DUI Lawyers Blog

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2013 Was a Tumultuous Year for Court Decisions in DUI Cases Regarding the Accuracy of Breathalyzer Results

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…

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Court Vacates DUI Sentence Based on Pennsylvania’s Merger Doctrine

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…

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Pennsylvania Driver Challenges Suspension of License for Refusal to Submit to Chemical Testing

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).…

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Anatomy of a Pennsylvania DUI Offense: How is “Impairment” Defined?

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…

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