Articles

Pennsylvania Supreme Court to Provide Further Guidance on Birchfield

Filed under: DUI by Steven F. Fairlie @ July 26, 2018

The Pennsylvania Supreme Court has allowed an appeal to determine whether Birchfield principles (that criminal sanctions can’t be applied to warrantless or involuntary blood draws) apply to cases that were not yet finally resolved at the time the Birchfield decision was arrived at.¬† This might help those whose cases have been thrown out of court […]

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Consent to blood test after improper warnings

Filed under: DUI by Contributor @ May 29, 2018

The Pennsylvania Superior Court found that a warrantless blood draw was proper, despite improper implied consent warnings being read, because the suspect consented to the test¬†before receiving the improper implied consent warnings. In Commonwealth v. Moser, two troopers were dispatched to a one motor vehicle crash. The vehicle had hit a stump that was off […]

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PA DL-26B Satisfies Birchfield and Puts Citizens on Notice – or does it?

Filed under: DUI by Contributor @ May 8, 2018

In June 2016, PennDOT created a new implied consent form DL-26B, which police officers are required to read to motorists before requesting a chemical test for alcohol or drugs when DUI is suspected. This form was created to comply with the Supreme Court holding in Birchfield v. North Dakota as the prior form was clearly […]

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Trial Courts Must Conduct an Objective Inquiry Into Exigent Circumstances in DUI Warrantless Blood Test

Filed under: DUI Tags: by Contributor @ April 1, 2018

On March 26, 2018, the Pennsylvania Superior Court held that the trial court must conduct an objective inquiry to determine whether exigent circumstances justify police officers engaging in a warrantless blood test. This inquiry must rely on the totality of the circumstances present in each DUI investigation. In Commonwealth v. Trahey, Trahey was driving a […]

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Ignition Interlock Devices Permit Suspended PA Drivers to Get Back on the Road

Filed under: DUI by Contributor @ August 30, 2017

In May 2016 Governor Tom Wolf signed Act 33 into Pennsylvania Law. The act allows some individuals convicted of Driving Under the Influence of Alcohol or Controlled Substances, whose licenses have been revoked or suspended, to apply for an Ignition Interlock Limited License (“IILL”). The ignition interlock system is leased and placed in the vehicle […]

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