About a month ago, the Superior Court reversed the trial court’s decision in Commonwealth v. Schildt. In Schildt, the trial court held that BAC results from the Intoxilyzer 5000EN breathalyzer are inadmissible for readings outside of the .05-.15 range, and the Superior Court reversed that decision on procedural grounds. Just a few days ago Schildt filed a Petition […]
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Driver Does Not Need To Be Told About Purpose Of Blood Test
Last week, the Supreme Court of Pennsylvania decided Commonwealth v. Smith, where it examined the issue of whether police must inform a driver of a vehicle involved in an accident that the purpose of administering a blood test is to conduct a criminal investigation to see if the driver was under the influence of drugs […]
Northpoint Insurance For First-Time DUI Offenders
Every driver knows that getting a DUI is very expensive. Between fines, court costs, and lawyer fees, a first-time offender can expect to pay thousands of dollars . One thing many drivers lose sight of is how a DUI conviction can affect their auto insurance. If a driver’s current insurance provider finds out about a […]
Schildt Overturned by Superior Court
Readers of our blog may recall much discussion of the recent DUI case Commonwealth v. Schildt, where a Dauphin County judge ruled that BAC results from the Intoxilyzer 5000 breathalyzer were unreliable and invalid. That decision called another 19 Tier 3 DUI cases in that county into question and raised the issue of the inherent […]
Pennsylvania BAC Threshold May Decrease To .05
Across the country, driving with a .08 BAC or higher is per se illegal and considered driving under the influence. In Pennsylvania you can also be charged with DUI if you are intoxicated to the point that you are incapable of safe driving, so long as your BAC is at least .05 OR you refused […]
