If you are charged with a Pennsylvania DUI, the Commonwealth is required to prove beyond a reasonable doubt that you committed the alleged crime. In DUI cases where the police did not perform chemical testing, the Commonwealth will typically rely on circumstantial evidence to support its case. In a recent…
The landmark case of Birchfield v. North Dakota was decided by the Supreme Court three years ago but continues to affect the status of Pennsylvania DUI law and the prosecution of DUI cases all over the country. For example, the Superior Court of Pennsylvania recently addressed the issue of whether a…
Under Pennsylvania and federal law, a police officer cannot detain a person without a warrant unless the officer has probable cause. This has been interpreted to mean that an officer cannot stop a vehicle unless the officer observes the driver of the vehicle committing a violation of the Vehicle code…
In any Pennsylvania DUI case, the Commonwealth bears the burden of presenting a prima facie case at the preliminary hearing that the defendant committed the crime alleged. In other words, the Commonwealth must show evidence of each element of the crime for the case to proceed. If the Commonwealth is…
It is a widely known fact that a person who is accused of a crime, such as a DUI, is innocent until proven guilty. In Pennsylvania DUI cases, the rule of corpus delicti places the burden on the State of proving a crime has been committed before a defendant’s admission can…
The Birchfield ruling by the United States Supreme Court, which held that warrantless blood draws were unconstitutional, created a ripple effect in Pennsylvania DUI cases and DUI cases throughout the country. While the Birchfield decision immediately effected the warnings and chemical testing administered to Pennsylvania DUI suspects, it took longer…
Under the rights afforded by both the Pennsylvania and Federal constitution, the police cannot subject people to unreasonable searches. Pennsylvania recognizes different types of encounters between the police and citizens, including an investigatory search. As recently discussed in a case in which the Pennsylvania Superior Court overturned a DUI conviction…
In Pennsylvania law, there are several statutory provisions under which a person can be charged with DUI. While some of the DUI provisions require the Commonwealth to prove a defendant’s blood alcohol level at the time of his or her arrest, a person can be convicted for DUI general impairment…
If you are stopped for suspicion of a DUI but do not submit to a blood or breath test, the state can nonetheless use circumstantial evidence to charge you with DUI. Typically, in absence of chemical testing, the most detrimental evidence against a DUI suspect is the results of a…
Under the Pennsylvania Implied Consent Law, a driver who is suspected of driving under the influence of alcohol but refuses to submit to chemical testing can suffer a suspension of his or her license. To suspend a license pursuant to the Implied Consent Law, the Department of Transportation must prove…