“You know, you weren’t required to take the field sobriety tests.” We can’t tell you how many times we’ve said these words to clients who have come to us looking for representation in DUI cases. Inevitably, this statement elicits surprise from the client, followed by one of two statements, “The officer didn’t give me the option,” or “I thought if …
PA Strengthens DUI Penalties
Recently, the Pennsylvania General Assembly again modified the DUI law to strengthen penalties for repeat offenders. You can view the text of the bill here. This bill accomplishes two things that we’ve addressed in prior postings. One is closing the Musau loophole, which allowed folks who refused chemical testing on their second DUI to receive no more than a six-month maximum …
More Changes to PA’s DUI penalties?
Per the Philadelphia Inquirer, the state Senate may be proposing changes to Pennsylvania’s DUI laws that would stiffen penalties across the board. Notably, these changes could include the immediate suspension of a driver’s license if the driver fails a field sobriety test and the imposition of ignition interlock devices for first-time offenders. It looks like the Senate may also try …
Bicycles, DUI, and the Importance of One Word
As reported by The Patriot-News, the Commonwealth Court of Pennsylvania issued an interesting ruling this week that addresses a question we get more frequently than you might imagine: can I get arrested for DUI while riding my bike? The answer: not only can you be arrested, but you have to submit to chemical testing as well. That’s right, you have …
Ignition Interlock Expansion?
Under an interesting proposal in the state Senate, first time DUI offenders would be given the option of installing an ignition interlock device on their vehicles for six months and keeping their driving privileges, or serving a year-long license suspension. At present, there is no interlock option, so the suspension is automatic. Of course, interlock devices are not free, so …
Q & A: What is the 10-yr look back period for DUIs?
A prospective client recently contacted me with the following facts. “I have had 3 previous DUIs in the past. I incurred two DUI’s in 2001 within months of each other. I was granted ARD for the first one (before I got the 2nd one), and I got another a few months later. They revoked my ARD and resentenced me on …
Add Another Quirk to DUI Sentencing in PA
Last week the Superior Court issued a decision in Commonwealth v. Musau, 2013 Pa.Super. 159, that resolved a little-noticed conflict in PA’s DUI sentencing laws. Mr. Musau had been convicted of his second DUI in ten years despite his refusal to submit to a blood test. Normally, his refusal would change the maximum possible sentence he could receive, from six …
Does McNeely impact PA’s DUI laws?
Earlier this week the U.S. Supreme Court held that the police cannot obtain BAC results without a warrant in every DUI case. Some commentators, including the Allegheny County DA’s Office, quickly–and correctly–pointed out that this ruling won’t affect the majority of DUI cases brought in Pennsylvania. The fact is that most DUI suspects agree to submit to blood tests when …
Get Out of the Way (Even if You’re Not in the Way)!
The Superior Court of Pennsylvania has recently held that a driver may be stopped for failure to yield to an emergency vehicle even if the emergency vehicle is traveling in opposing lanes of traffic and has an open lane of travel. In Commonwealth v. Busser, 2012 PA Super. 227, the Superior Court held that the statute (75 Pa.C.S. sec. 3325) …