DUI 2 hour law

The general rule in DUI cases, is that the level of alcohol or other substances in an individual accused of DUI's blood is inadmissible in court if it is not drawn within 2 hours of the Defendant's driving his motor vehicle. Specifically under Title 75 Pa.C.S. §...

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DUI what is a closed roadway

Pennsylvania DUI law applies "upon highways and traffic ways throughout this Commonwealth." Accordingly, a criminal defendant may only be convicted of a DUI if he is driving on a roadway or traffic way in Pennsylvania. A highway is defined as "the entire width between...

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DUI warrant less blood draw

The law in the Commonwealth of Pennsylvania regarding warrantless blood draws where an accused is suspected of DUI is currently in flux. The state of the law regarding DUI and warrantless blood draws was illustrated in a three-judge panel in Commonwealth v. Ennels. On...

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DUI 2 hour rule

Dui is a serious crime in the Commonwealth of Pennsylvania. Under PA law, the government must obtain an accused's blood or breath within 2 hours of the accused operating a motor vehicle. Pursuant to 75 PA.C.S. 3802(A), the DUI statute in Pennsylvania, an individual...

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DUI second offense

In Pennsylvania, driving under the influence is a crime that is taken very seriously. If you are arrested for a DUI for a second time, you will face harsher penalties than if it was your first. In order for a DUI to be considered your second offense, it must be the...

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DUI: 2 hour rule

Under Pennsylvania law, blood must be taken from a DUI defendant within two hours of his being in physical control of a motor vehicle. Specifically, under 75 Pa C.S. § 3801 § (c), in order for an accused to be found guilty of dui, the defendant's blood...

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D.U.I. Checkpoints in Pennsylvania

A D.U.I. checkpoint constitutes a seizure and is subject to a constitutional analysis.  A checkpoint must meet five criteria in order for the checkpoint to be constitutional: 1. the vehicle stops must be brief and not involve a physical search; 2. there must be...

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