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Driving under the influence (DUI)

September 30, 2016

The SCOTUS recently addressed several issues that will impact blood alcohol testing in Pennsylvania Birchfield v. North Dakota, 579 U.S. ___ (2016)

This decision consolidates three appeals dealing with petitioners’ refusal to take a blood alcohol concentration (BAC) test, either via breathalyzer or drawn blood. Case 1: A North Dakota state trooper arrested Birchfield for driving while impaired. He told Birchfield that refusing to take a blood test would expose him to criminal penalties. Birchfield refused and was convicted. On appeal to the state court, he argued that the Fourth Amendment prohibited criminalizing his refusal to submit to the blood test. The North Dakota Supreme Court affirmed the conviction. Held: Birchfield was...

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Posted in: Driving under the influence (DUI)

June 14, 2016

Arizona’s Highest Court Resolves Questions regarding DUI Convictions of Medical Marijuana Users (Dobson v. McClennen, 238 Ariz. 389 (2015))

The two petitioners were each charged with and convicted of two counts of driving under the influence:  first, driving while impaired to the slightest degree under ARS Sec. 28-1381(A)(1); and second, driving while any amount of an impermissible drug or its metabolite is in the body under ARS Sec. 28-1381(A)(3) (emphasis added). Arizona’s DUI laws identify these as separate offenses. The trial court denied their motions to present their state-issued medical marijuana cards as evidence. The state...

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Posted in: Driving under the influence (DUI), Drug Crimes

November 4, 2015

Philadelphia DUI Arrests & Challenges to the Case. By a criminal attorney in Philadelphia

DUI Arrests in Philadelphia

Driving under the influence (DUI) or driving while intoxicated (DWI) cases are among the most common criminal cases in Philadelphia. These cases are often complex, as they usually involve issues related to the constitutionality of the initial traffic stop and lab tests proving blood alcohol concentration (BAC).

DUI Sentencing in Pennsylvania

Sentencing for DUI convictions in Pennsylvania depends on two factors: 1. the actual BAC level, and 2. the number of prior DUI offenses, if any. In general, the higher the BAC, the more severe the...

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Posted in: Driving under the influence (DUI)