Posted in DUI, License Suspension on June 19, 2025

The Pennsylvania Commonwealth Court addressed a key issue in DUI enforcement: Can silence be considered a refusal to submit to a chemical test after a DUI arrest? In Myers v. Department of Transportation, 33 C.D. 2022 (decided March 20, 2024), the court held that silence—following proper reading of the DL-26 chemical test warning—does, in fact,… view more

Posted in DUI on June 19, 2025

In a major decision that reshapes DUI enforcement in Pennsylvania, the Pennsylvania Supreme Court ruled on June 17, 2025, in Commonwealth v. Hunte (No. 16 MAP 2023), that warrantless blood draws from unconscious DUI suspects are unconstitutional under both the U.S. and Pennsylvania Constitutions. Key Takeaway The Court struck down Section 3755 of the Pennsylvania… view more

Posted in Constitutional Rights on June 18, 2025

In a significant Third Circuit decision, the court ruled that police officers violated the Fourth Amendment when they opened a car door during a routine traffic stop without reasonable suspicion. The case, United States v. Donte Dowdell (No. 21-3251), highlights the critical importance of timely legal arguments and raises important questions about the scope of… view more

Posted in ARD on June 15, 2025

On May 30, 2025, the Pennsylvania Supreme Court issued a landmark decision in Commonwealth v. Shifflett, ruling that acceptance into Pennsylvania’s ARD program for a DUI is not a criminal conviction and cannot be considered a “prior offense” for enhancing penalties in future DUI cases. This decision significantly impacts DUI sentencing in Pennsylvania, overturning a… view more