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Posted in Constitutional Rights, DUI, Fourth Amendment on April 9, 2026
The Pennsylvania Superior Court’s decision in Commonwealth v. Smith reinforces two critical principles in DUI litigation: (1) the relatively low threshold required for police to initiate a DUI stop, and (2) the continued viability of warrantless blood draws based on voluntary consent. Factual Background Smith was driving during the early morning hours in Mercer County… view more
Posted in DUI on March 22, 2026
In Commonwealth v. Roser, 914 A.2d 447 (Pa. Super. 2006), the Pennsylvania Superior Court ruled on a challenge to the PA DUI law and whether it prohibited driving under the influence of gasoline. Factual Background Roser was stopped by police after he was observed driving over the center and fog lines and almost striking another… view more
Posted in DUI on March 18, 2026
The Pennsylvania Superior Court clarified that a driver may be prosecuted under Pennsylvania’s DUI statute even when the substance involved is not a controlled substance. In Commonwealth v. Walsh, 2026 PA Super 47, the Court reversed the dismissal of DUI charges stemming from alleged impairment caused by kratom and caffeine. Factual Background The case arose… view more
Posted in DUI on March 1, 2026
In Commonwealth v. Smith, No. 1571 MDA 2021, the Pennsylvania Superior Court affirmed a Perry County DUI conviction where district attorney did not present direct evidence that Smith was driving. Smith was convicted by a judge at a trial. Smith appealed and argued that there was insufficient evidence presented that he drove or operated the… view more
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
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
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
Posted in DUI on August 10, 2025
In Commonwealth v. Palchanes (2019 PA Super 351), the Pennsylvania Superior Court affirmed a conviction for obstructing the administration of law after a driver refused to comply with a valid search warrant for a blood draw. This case is a clear warning that refusing a blood test after police obtain a warrant can lead to… view more
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
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
