Introduction Driving under the influence (DUI) and driving under the influence of drugs (DUID) are significant public safety concerns that lawmakers and law enforcement agencies work tirelessly to address. While the need to deter and punish intoxicated drivers is undeniable, the per se theory of prosecution has sparked a debate about whether it adequately addresses…
read more »Category: Pennsylvania DUI Laws
Pennsylvania DUI laws are very complex and it is important to know which laws are relevant to your case.
In this category you will find various posts which discuss various PA DUI laws in detail. This includes posts on:
PA CDL DUI Laws
Underage DUI Laws
Synthetic Marijuana Laws
DUI Prescription Drugs
DUI for PA School Teachers
These posts are for information only and are not meant to replace professional legal counsel. If you are charged with a DUI in Pennsylvania, please call 1-866-MCSHANE to have your case reviewed by an experienced PA DUI attorney.
Is pre-trial use of SCRAM as opposed to IID constitutional?
The Eighth Amendment of the United States Constitution states that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The purpose of this amendment is to ensure that the criminal justice system does not impose punishments that are disproportionate to the crime committed, and to protect individuals from…
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Drunk Driving vs. Drugged Driving: A Changing Landscape on the Roads
Drunk driving has long been a major issue on the roads, with countless lives lost each year due to alcohol-related accidents. However, in recent years, there has been a growing concern about drugged driving, as more and more drivers are getting behind the wheel while under the influence of drugs. According to data from the…
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Aggravated Assault while DUI: What Does it all Mean?
If you or a loved one has been charged with Aggravated Assault while DUI, you must have a lot of questions and fears about what is going to happen. Fortunately, The McShane Firm has helped many people who have faced these charges and is ready to answer your questions and help protect you. What exactly…
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Homicide by Vehicle while DUI: What Does it all mean?
If you or a loved one has been charged with Homicide by Vehicle while DUI, you must have a lot of questions and fears about what is going to happen. It is a truly horrible feeling knowing that someone died and that you are being held responsible for that death. Fortunately, The McShane Firm has…
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Homicide by Vehicle: What Does it all mean?
If you or a loved one has been charged with Homicide by Vehicle, you must have a lot of questions and fears about what is going to happen. It is a truly horrible feeling knowing that someone died and that you are being held responsible for that death. Fortunately, The McShane Firm has helped many…
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Felony DUI Laws in Pennsylvania
Recent changes to the Pennsylvania penal code have upgraded certain DUIs from misdemeanors to felonies. If you have been charged with a DUI, it is important that you understand these changes, especially if you are a repeat offender. These recent laws were passed to target “habitual offenders”. By grading certain DUIs as felonies, judges now…
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What happens when you are charged with refusing a breath or blood test in PA?
When you drive in the Commonwealth of Pennsylvania, you have given your consent to be tested for DUI. This is called “implied consent” and it is covered in Title 75 § 1547: “Any person who drives, operates or is in actual physical control of the movement of a vehicle in this Commonwealth shall be deemed…
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As Fetterman continues his marijuana listening tour, what does legalization mean for DUI enforcement?
Lt. Gov. John Fetterman has recently started touring Pennsylvania to hold public forums on the legalization of marijuana. Fetterman is an advocate for legalization and Gov. Tom Wolfe has said it may be time for PA to legalize marijuana as well. (See also: Fetterman starts marijuana hearings in central Pennsylvania) But the question still remains,…
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Pennsylvania Enacts Tougher DUI Laws
Recently, Governor Tom Wolf signed legislation which calls for harsher penalties for some DUI offenses. The new laws cover three areas: Third DUI Offenses Third DUI offenses within a 10 year period will be graded as a felony if the driver: Refused to submit to a chemical test to determine their blood alcohol level Had…
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