In Pennsylvania, Driving Under the Influence can be charged as low as an ungraded misdemeanor or as high as a felony.  When a DUI can be charged as a felony under Pennsylvania Law If you are convicted of DUI and have more than three prior DUI offensesIf you are convicted of DUI and were previously convicted of Homicide by Motor Vehicle While Under the InfluenceIf you are convicted of DUI and were 1.) charged with refusing to submit to chemical...

Getting to work, buying groceries, and getting your kids to and from school is almost impossible in most areas in Western Pennsylvania if you don’t have a valid driver’s license.  While ridesharing apps can help, they become expensive and time-consuming. If your driver’s license is suspended, you should check to see what you can do to either get a limited license from the state or to get your license back. Probationary and...

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...