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What Should You Do When You Have Been Hit by a PA Drunk Driver?

An empty, open wine bottle is open in the foreground while the driver has their hand on the shifter.

Drunk driving accidents are unfortunately common in Pennsylvania, causing significant physical, emotional, and financial harm to victims. In 2022 in PA, drunk drivers caused a substantial percentage of the crashes reported. According to the available data from 2022, there were 7,724 incidents involving drivers impaired by alcohol. Tragically, out of these accidents, 140 resulted in … Read more

Categories DUI

Birchfield and Blood Draws – New Developments in DUI law

DUI Law title on a book and gavel

The United States Supreme Court’s recent decision in Birchfield v. North Dakota deemed warrantless blood draws in driving under the influence arrests unconstitutional. This has far-reaching consequences in Pennsylvania, a so-called “implied consent” state, in which a motorist is deemed to have consented to a test of his blood or breath in the event of a suspected DUI.

Prior to the Supreme Court’s Birchfield decision, anyone stopped for a suspected DUI who refused a blood draw would potentially be subject to increased criminal penalties as if he or she had registered a blood alcohol level of .16% or higher, the highest tier for DUI sentencing purposes. Warnings given to motorists made this clear in advising of their “right” to refusal. In sentencing terms, refusals for a first offense called for a mandatory 72 hours incarceration and a mandatory minimum fine of $1,000. Both minimum and maximum penalties increased dramatically for second and subsequent offenses.

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