Many people know that they can be charged with DUI offenses in Pennsylvania for driving with a blood alcohol level of 0.08% or higher. They may not know, however, that they can also be convicted of DUI for operating a vehicle after consuming alcohol to the point of impairment, regardless…
Under Pennsylvania law, law enforcement agents must have reasonable suspicion of a crime in order to detain and interrogate someone. The reasonable suspicion standard does not mean that a person cannot be arrested for a DUI offense outside of a traffic stop, however. Instead, as demonstrated in a recent Pennsylvania…
If the police suspect that a person is driving under the influence of alcohol, they will typically detain them and conduct an investigation. The police do not have the authority to stop people without reasonable suspicion that they are committing a crime, though, and if they do, any evidence obtained…
People charged with DUI offenses in Pennsylvania may be able to avoid a conviction and sentence by entering into an ARD program. While ARD is a pretrial disposition, people admitted to ARD nonetheless have to abide by certain conditions, and if they do not, they may be removed from the…
In Pennsylvania, people charged with DUI offenses will often assert their innocence. In some instances, though, they will plead nolo contendere, or no contest, meaning that they do not expressly admit guilt but agree to accept punishment. A plea of nolo contendere should not be entered into without careful consideration,…
Drivers the cause fatal collisions while they are intoxicated typically are not only charged with DUI crimes but also with more serious offenses, including aggravated assault and third-degree murder. The prosecution bears the burden of proving a defendant’s guilt for such crimes, and as demonstrated in a recent Pennsylvania DUI…
In Pennsylvania DUI cases, the prosecution bears the burden of establishing the defendant’s guilt beyond a reasonable doubt. If the prosecution is unable to offer evidence sufficient to meet this burden, the trier of fact should find the defendant not guilty. In some DUI cases, though, the judge or jury…
In many cases in which a person is charged with DUI offenses in Pennsylvania, the prosecution will use evidence of the person’s BAC to establish their guilt. A BAC level over the legal limit is not needed to convict someone of a DUI crime, though; instead, they can be found…
Under Pennsylvania law, people convicted of DUI offenses face more severe penalties if it is their second or subsequent DUI conviction. While this has long been the case, the Pennsylvania Motor Vehicle Code was recently amended to increase the penalties imposed on repeat DUI offenders. Known as Deana’s Law, the…
Pennsylvania’s statutory sentencing scheme for DUI offenses permits the courts to impose greater penalties for each subsequent DUI conviction. Generally, it is easy to ascertain whether a conviction constitutes a first, second, or third offense. The issue can become convoluted, however, when a defendant faced with DUI charges was previously…