Topic: DUI – Refusal of Chemical Testing – Birchfield – Mandatory Sentence – Alleyne Summary: The mandatory minimum sentence given by the Venango County Court of Common Pleas for a DUI chemical test refusal was unconstitutional. 1.) Defendants cannot be given a mandatory minimum sentence for refusing to submit to a warrantless blood test. 2.) A defendant who refused a blood test cannot be subject to enhanced sentencing based on the refusal to...

On October 20th, 2014, the Pennsylvania General Assembly passed a law changing the way courts handle prior drunk driving (DUI) convictions at sentencing. In Pennsylvania, you face harsher punishments if you have prior DUI convictions.  Before the change, prior DUI convictions only led to an increased punishment if the defendant was convicted of the prior DUI before committing the new offense.  With the change in the law, any DUI conviction that...

The National Transportation Safety Board has recommended that the limit for blood alcohol levels for drivers be lowered to 0.05.  The NTSB has also recommended that measures be taken to encourage broader use of interlock devices. Mothers Against Drunk Driving and the American Automobile Association have not yet endorsed the NTSB’s recommendations. In its report, the NTSB renewed its recommendation that all DUI/DWI offenders be required to...

Commonwealth v. Patrick A. Haag, Sr  J-41-2009 (10/23/2009) Topic: DUI – Prior Offenses Summary: For a DUI offense to be a second or subsequent conviction for sentencing purposes, the offender must be convicted of the prior offense before committing the second or subsequent offense. http://www.aopc.org/OpPosting/Supreme/out/J-41-2009mo.pdf Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new...

From Friday, August 21, 2009 through Monday, September 7, 2009 local police will be joining a national effort to crackdown on drunk driving. Over the period, law enforcement agencies will be conducting DUI checkpoints and roving patrols. The Pittsburgh Post-Gazette reports that public service announcements will target female drivers. Studies have shown that incident rates for female drivers committing DUIs have increased in recent years. For...

Commonwealth v. Ray D. McCoy J-165-2008 (7/12/2009) Topic: DUI Refusal – Right to Counsel Summary: There is no right to counsel before submitting to a chemical test for a DUI. http://www.pacourts.us/OpPosting/Supreme/out/J-165-2008mo.pdf Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to email this to a friend (Opens in new...