Many people who are stopped for suspicion of DUI are reluctant to submit to a blood test and believe that if the Commonwealth does not obtain their blood alcohol level, the prosecution will not be able to obtain a conviction. As illustrated in a recent Pennsylvania DUI case, though, such…
Although the Pennsylvania statute prohibiting people from operating a vehicle on a public roadway while incapable of doing so safely due to the consumption of alcohol is referred to as a DUI statute, a person does not need to be stopped while driving a vehicle to be convicted of a…
Although entrapment is not a defense commonly asserted in DUI cases, that does not mean it is not viable. A defendant alleging entrapment faces a high burden of proof, however, and the defense is often unsuccessful. This was demonstrated in a recent case ruled on by a Pennsylvania appellate court,…
In the majority of cases in which a defendant is charged with a DUI offense, the Commonwealth will rely on the results of the defendant’s breathalyzer test as evidence of the defendant’s guilt. Thus, if a defendant can prove that the test was administered via a faulty breathalyzer machine, he…
Due to the Supreme Court of the United States’ Ruling in Birchfield v. North Dakota the landscape of DUI law in Pennsylvania and throughout the country continues to change. In other words, not only have many states modified laws that were deemed unconstitutional, but many convictions have been vacated as…
In Pennsylvania, there are numerous DUI offenses a defendant may be charged with committing. For example, a defendant with a blood alcohol level of 0.15% or higher may be charged with driving under the influence – highest rate of alcohol. To prove a defendant is guilty of DUI – highest…
It is widely known that the Constitution grants criminal defendants rights against self-incrimination. In other words, a defendant cannot be compelled to make incriminating statements. In many instances, even if a defendant makes statements that would tend to indicate guilt, the statements may be precluded at trial, if the defendant…
In most instances in which a person is charged with DUI, it is due to an accident or erratic driving observed by a police officer patrolling the town where the person was arrested. In some cases, however, an officer who receives information regarding an erratic driver may extend his or…
The Pennsylvania and Federal constitutions protect a person from being tried or convicted more than once for the same crime. Similarly, Pennsylvania law requires that all charges arising out of a single criminal episode must be joined and tried at the same time. Thus, if the Commonwealth violates the law…
Under Pennsylvania law, if you are convicted of DUI have one or more prior DUI convictions, the law requires the courts to impose increased penalties. It is important to note, however, that only DUI convictions within the past ten years are considered when determining if a DUI defendant has prior…