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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
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
Posted in DUI on June 29, 2025
If you are charged with DUI in Pennsylvania, you may wonder whether your refusal to submit to a blood test can be used as evidence against you at trial. The short answer: yes, it can. In the recent case of Commonwealth v. Bell, the Pennsylvania Supreme Court confirmed that police and prosecutors are permitted to… view more
Posted in DUI on June 29, 2025
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
Posted in DUI, License Suspension on June 27, 2025
In Commonwealth v. Bold, the Pennsylvania Supreme Court ruled that merely being found asleep in a running vehicle does not automatically qualify as “actual physical control” under Pennsylvania DUI laws. In order to be charged with a DUI in Pennsylvania, the police do NOT need proof that the person was driving. A DUI charge can… view more
Posted in DUI, License Suspension on June 22, 2025
Credit for ARD License Suspension Most people that accept ARD for a PA DUI case face a license suspension. If that person is later removed from ARD and then convicted of the DUI, PennDOT will normally impose a 12-month license suspension unless the DUI charge is in the lowest tier. The lowest tier, first offense… view more
Posted in DUI on June 20, 2025
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
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 DUI on December 29, 2024
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
