In a recent decision that will have a major impact on DUI cases in Pennsylvania, the Supreme Court of the United States decided the case of Birchfield v. North Dakota, holding that the Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving, but that it does NOT permit warrantless blood tests. Consequently, a […]
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New PA DUI law – dramatic changes
Governor Wolf has just signed a new Pennsylvania DUI law making dramatic changes to the status quo. Legislators and prosecutors have advertised the law as a measure to require ignition interlock devices for all first-time DUI offenders. Actually, the law does far more than advertised. First, the law immediately removes urine testing as an approved […]
Ignition Interlock Now Required for First DUI
On Wednesday, May 18th, the Pennsylvania General Assembly passed a new law requiring all convicted drunk drivers with a BAC of .10 or higher to use an ignition interlock system in their car for a year. Before this law, only those with multiple DUI convictions were required to use these systems. Ignition interlock systems require […]
Scientific Studies Suggest Breath Tests May Not Accurately Calculate BAC
Breath samples are frequently relied upon throughout the country in prosecuting citizens for DUI. However, scientific evidence suggests that these breath tests may not be as reliable in accurately calculating a person’s blood alcohol content (BAC) as previously thought. The level of alcohol in a person’s breath does not directly indicate whether a person is […]
Henry’s Law and Breathalyzers?
You have been pulled over for suspicion of driving under the influence of alcohol. Rather than taking you to the local hospital for a blood alcohol test, the officer decides to administer a breath test using one of the devices approved for testing in the Commonwealth of Pennsylvania. After the second test, the officer informs […]
