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PA Court Rules Medical Marijuana Use Can Result in DUI Charges

In a landmark 2022 decision, the Pennsylvania Superior Court ruled that legal medical marijuana users can still be charged with DUI under state law—even without evidence of impairment. This case, Commonwealth v. Stone, clarified the legal conflict between Pennsylvania’s Medical Marijuana Act (MMA) and the state’s Driving Under the Influence (DUI) laws. 🚗 Case Background:… view more

Silence Deemed a Refusal of Blood Test in PA DUI Case

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

PA Court Rules DUI Blood Draw Law In Accident Case Unconstitutional

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

Court Rules Police Cannot Open Car Door Without Justification

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

PA Supreme Court Rules ARD in DUI Cases Not a Prior Offense

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

PA License Suspension in DUI Refusal Case For “Stalling” Tactics

What Is Considered a Refusal in a Pennsylvania DUI Case? In Pennsylvania DUI cases, a police officer can require a driver to submit to chemical testing—such as a blood test or breathalyzer—if the officer has reasonable grounds to believe the driver is under the influence of alcohol or drugs. A refusal to submit to testing… view more