One of the protections afforded under both the Pennsylvania and United States Constitutions is the right against double jeopardy, which means an individual cannot be charged with or convicted of the same crime more than once. The Superior Court of Pennsylvania recently ruled that three DUI convictions for a single…
An act that was recently signed into law by Governor Tom Wolf amended the Motor Vehicle Code with regards to the penalties imposed for certain DUI violations. Specifically, the changes to the law, which went into effect on December 24, 2018, increase penalties for repeat offenders and for individuals who…
The Pennsylvania Motor Vehicle code prohibits drivers from operating, driving, or exercising physical control over a car if they have consumed an amount of alcohol that renders them incapable of doing so safely. Many people assume that if you do not drive a car while intoxicated you cannot be charged…
Under Pennsylvania DUI law, there are sentencing guidelines that set forth standard sentencing ranges for any DUI conviction. If a judge imposes a sentence the defendant feels is unfair, the defendant can seek a discretionary review from a higher court. Recently, in Commonwealth v. Cordy, the Superior Court of Pennsylvania…
Under Pennsylvania DUI law, you must knowingly and willingly consent to chemical testing for the results of the test to be admissible. If you can show that your consent to a blood test was invalid or coerced, you may be able to suppress the results of the test. Before the…
Under Pennsylvania DUI law, refusing to submit to a breath test during a stop due to suspicion of DUI can result in a suspension of your license. In some cases, you may be able to come to an agreement with the arresting officer and prosecuting attorney that allows you to…
If you are convicted of a second DUI offense in Pennsylvania, you may face increased penalties. While in most cases it is clear what constitutes a second DUI offense, in some circumstances clarification is required as to whether a prior disposition of a DUI charge constitutes an offense. In Shaffer…
Most people are aware that if you are stopped due to suspicion of a DUI, the police can request that you submit to a breath test. It is not common knowledge, however, that under Pennsylvania DUI law, you are required to provide two breath samples, and the refusal to provide…
Under Pennsylvania DUI law, if you are convicted of a second DUI offense within a certain time period, you will likely face greater penalties than if you had no prior DUI convictions. Recent changes in section 3806(b), the provision of the code that determines what constitutes a second offense, modified…
The United States Supreme Court’s decision in Birchfield v. North Dakota, is an important ruling that permanently altered the manner in which DUI cases are prosecuted and what penalties may be imposed, throughout the country. In Pennsylvania, Birchfield continues to cause confusion, however, both among the prosecution and Pennsylvania DUI…