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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, 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 License Suspension on November 3, 2018
NO License Suspension for Underage Drinking On October 24, 2018, the governor signed the bill to make the repeal of the suspensions. Specifically, the new law eliminated the license suspensions for Underage Drinking under 18 Pa.C.SA. 6308 and Possession of a False Identification Card under 18 Pa.C.S.A. 6310.3. The law also eliminated rescinded the law… view more
