Articles

In Ohio, a lower court ruled that BAC results from the widely used Intoxilyzer 8000 breathalyzer are not admissible in court. Judge Teresa L. Liston rendered the decision in Municipal Court (Pennsylvania only has a Municipal Court in Philadelphia) on August 13. Liston was appointed by the Ohio Supreme Court for the specific purpose of […]

For whatever reason, Pennsylvania State Police barracks seem to have an issue with maintaining reliable breath test machines that produce valid results. Earlier this year we wrote a blog about results from the Intoxilyzer 5000EN being deemed inadmissible in Dauphin County due to regulations regarding the simulator solution not being followed and other reasons. Now, […]

Last week, the Superior Court of Pennsylvania issued its decision on Commonwealth v. Barker, in which it sought to answer the question: When a person suspected of DUI requests to have a specific or alternate form of chemical testing administered, must the arresting officer honor that request? If the officer fails to honor that request, […]

The Superior Court of Pennsylvania recently decided Commonwealth v. Musau, in which it sought to answer the question: Can a defendant receive a sentence of more than six months for a first or second DUI conviction when the defendant refused a blood or breath test, which constitutes a misdemeanor of the first degree? The court […]

Last week, Oregon’s Supreme Court ruled in State v. Newman that “sleepdriving” is a legitimate defense for DUII. In Oregon, DUII is the acronym for Driving Under the Influence of Intoxicants, which is comparable to PA’s DUI law. DUI is a strict liability crime, which means it does not require the offender to possess at […]