DUI

PA Court Rejects “Involuntary Intoxication” Defense in Pennsylvania DUI Case

Posted in DUI on December 1, 2025

Overview In Commonwealth v. Whitcomb, the Pennsylvania Superior Court considered a novel argument raised by a DUI defendant: that she should be excused from criminal liability because her impairment resulted from involuntary intoxication. The court ultimately rejected the defense, holding that “involuntary intoxication” is not recognized as a valid defense to DUI under Pennsylvania law—especially… view more

PA Drug-DUI Offenses Are Strict Liability

Posted in DUI on November 30, 2025

The Pennsylvania Superior Court issued an important decision in drug-DUI cases under 75 Pa,C.S. 3802(d)(1) and (d)(2). On July 1, 2024, in Commonwealth v. Macik, the Court held that drug-DUI charges do not require the Commonwealth to prove any mens rea (mental state). The ruling reaffirms that these DUI–drug subsections are strict liability offenses, meaning… view more

PA Court Upholds DUI Conviction After “Welfare Check” on Highway Ramp

Posted in DUI on August 10, 2025

The Pennsylvania Superior Court’s June 28, 2024 decision in Commonwealth v. Joshua W. Ward (2024 PA Super 133) highlights how a DUI arrest in Pennsylvania can result from a routine welfare check under the community caretaking doctrine. The case reaffirms that officers can approach and detain a driver without a warrant if they have objective… view more

Does a NY DWAI Count as a Prior Offense of DUI in PA?

Posted in DUI on July 25, 2025

Case Background: Commonwealth v. Pombo Yes.  In Commonwealth v. Pombo, the defendant was convicted in Pike County of DUI (controlled substance) and driving while his license was suspended due to a prior DUI. At sentencing, the Commonwealth sought to apply Pennsylvania’s mandatory minimum penalties for a third offense DUI, citing Pombo’s two prior New York… view more

PA Court Rules ARD IS a “Prior Offense” of DUI for License Suspension

Posted in ARD, DUI, License Suspension on July 23, 2025

If you’ve resolved a DUI in Pennsylvania through the ARD (Accelerated Rehabilitative Disposition) program, you might think it won’t come back to haunt you, especially in light of the Pennsylvania Supreme Court’s recent decision in Commonwealth v. Shifflet.  In that case, the Court ruled that ARD was NOT a prior offense of DUI for criminal sentencing… view more

PA Court Interprets “Two Hour Rule” for Blood Test Admissiblity in DUI Cases

Posted in DUI on July 8, 2025

In a recent decision that impacts DUI prosecutions across Pennsylvania, the Pennsylvania Supreme Court issued important guidance on how the Commonwealth can prove a “highest rate of alcohol” DUI offense when the exact time of driving is uncertain. The case, Commonwealth v. Starry, 19 WAP 2019, addressed how blood alcohol content (BAC) test results obtained… view more

PA Court Upholds DUI Drug Conviction Despite Improper Testimony

Posted in DUI on July 3, 2025

The Pennsylvania Superior Court recently issued a published opinion in Commonwealth v. Greene, reaffirming that police officers’ improper “expert” opinions at trial may be harmless error when other evidence overwhelmingly supports a conviction. The case offers important lessons for both defense attorneys and drivers facing DUI drug charges in Pennsylvania. The Facts: Traffic Stop Leads… view more

PA Court Tosses DUI Conviction Due to Improper Police Testimony

Posted in DUI on July 2, 2025

Commonwealth v. Gause, 164 A.3d 532 (Pa. Super. 2017) In a significant win for due process and evidentiary standards, the Pennsylvania Superior Court vacated a York County man’s DUI conviction after finding that police improperly offered “expert-like” testimony without the proper qualifications. The Traffic Stop and DUI Charges In Commonwealth v. Gause, police stopped Gause… view more