Recently in DUI Laws Category

The New Jersey Supreme Court recently overturned a DUI conviction of a man who failed to take a breathalyzer test because he did not understand English, Lancaster Intelligencer Journal reported. So what does that have to do with Pennsylvania?

Like New Jersey, Pennsylvania DUI lawyer Jeff Conrad says the Keystone State also automatically suspends the license of any motorist who refuses a blood-alcohol test. It's called implied consent law, which refers to the implicit consent to a BAC test for the privilege of driving:

"Pennsylvania has the same kind of implied consent, so this could have ramifications for [state] law."

Pa DUI lawyers are facing a new challenge in the courts.

Several new laws are in the state legislature, all imposing harsher penalties for driving under the influence.

Earlier in this blog, we talked about state Representative Tom Houghton and his bid to propose harsher legislation involving ignition interlock for DUI offenders.

Now, another state politician has introduced legislation which would change the way DUI offenders can be sentenced.

Cumberland County is certainly unique, when it comes to blood alcohol testing. The county has taken the step to hire a part time phlebotomist.

A phlebotomist? If you can't pronounce the word, don't worry. Most Pa DUI lawyers probably can't, either. But most Pa DUI lawyers do know what the word means. It refers to a type of scientist-- the type who draws and analyzes blood.

Usually, the lab tests on blood are done outside the booking centers. What can happen, if a DUI case goes to trial, is that these lab workers may sometimes be called to court to testify. This can be an added expense, as well as a waste of time. 

Let's revisit the topic of ignition interlock, shall we?

Pennsylvania DUI attorneys know that the topic of ignition interlock is an important one. The state of Pennsylvania has essentially been lagging in its highway safety laws. Of those laws, one of them relates to the ignition interlock system. Pennsylvania has been criticized for not mandating the ignition interlock system for all of its DUI offenders.

Now, a Chester County lawmaker is stepping up to the plate and introducing legislation that would mandate first-time DUI offenders to install ignition interlock devices in their vehicles.

So, you want to get into the ARD program?

First of all, let's back up, for those of you who don't know what the ARD program is. It's the Alternative Rehabilitative Disposition program. A program which essentially functions as an alternative to a lengthy trial process, a conviction, and a possible mandatory jail sentence. It's a program appreciated by PA DUI lawyers and coveted by DUI offenders.

This is not the first time we've discussed ignition interlock on this blog. But as any Pennsylvania DUI attorney would tell you, ignition interlock is a subject you could never discuss too much of on a Pennsylvania DUI law blog. It's up there, with breathalyzers, sobriety checkpoints and the ARD program-- a good topic to know.

In our previous post, we discussed the fact that the state of Pennsylvania has been called out for being behind on highway safety laws. The Pittsburgh Post-Gazette criticized the state of Pennsylvania for being behind on several laws, including the texting-while driving laws and mandating ignition interlock for drunk driving convicts.  

What is "ignition interlock"?

As always, PA DUI lawyers stand to gain some good wisdom and insight by looking at recent convictions and sentences in the area.

Recent sentences and convictions can give a Pennsylvania DUI attorney an idea of what to expect from a certain judge or County court. The recent sentences and conviction information can also help DUI suspects to see what their options are and what penalties they might be subject to.

Here's an interesting question for Pennsylvania DUI attorneys: What happens when someone is stopped for a DUI in Pennsylvania?

The answer is generally the same for most DUI officers. However, sometimes direct input from a DUI officer can help you understand PA DUI laws a little better. 

In an article, based on a 2007 Pocono Record interview, a reporter asks a DUI officer for a detailed description of a DUI arrest. Here's a breakdown of what police officers in the Pocono region look for in a DUI arrest case:

PA DUI attorneys listen up! This just in on distracted driving laws: The federal government is trying to propose legislation on the issue of commercial drivers who text behind the wheel.

You see, as the legislative scheme currently works, the states typically handle driving laws within the states. But interstate commerce, as any Pennsylvania DUI attorney--or any attorney for that matter-- would know, is a matter where the federal legislature (aka Congress) has some sway on decision making and policy-making.  

And clearly commercial drivers who cross inter-state lines are within this "interstate commerce" jurisdiction. 

The Transportation Department is proposing a law to ban text messaging at the wheel by interstate commercial truck and bus drivers.

We've looked at the issue of recidivist DUI offenders and the implication of recidivism for PA DUI attorneys.

But what about the impact of a civil suit on the occurrence of a DUI offense? Nearly a decade ago, Frederick Patrick Poust III  was driving while dialing on his cellular phone. As a result, he slammed into a car; killing 2 year old Morgan Lee Pena. 

At the time, the Pena family filed a civil lawsuit against Poust, settling in the fatal accident case. The lawsuit had a confidentiality agreement which prohibited the Penas from ever speaking publicly about the driver.