DUI

PA Court Overturns DUI Conviction After Judge Denies Defense Expert Witness Testimony

The Pennsylvania Superior Court recently vacated a York County woman’s convictions for Driving Under the Influence (DUI) and Endangering the Welfare of a Child (EWOC) after ruling that the trial court improperly excluded expert testimony that could have helped her defense. This case serves as a crucial reminder that, even in DUI and drug-related cases,… view more

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

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

Maryland PBJ is a “Prior Offense” of DUI in Pennsylvania

Almost eveyrone that is arrested in Pennsyvlania for suspicion of DUI immediately heads to Google to search.  They want to know what is going to happen and what penalities will be imposed for a conviction.  There are very severe mandatory minimum sentences for a Pennsylvania DUI conviction, and those sentences are increased substantially if the… view more