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Drunk Driving Archives

Drunk driving arrest of sleeping man raises defense issues

An accused person must be driving a vehicle under Pennsylvania law in order to be convicted of driving under the influence. The issue sometimes arises when the police find someone who is sleeping in a car or was reportedly observed driving by witnesses but not by the authorities. The issue may arise in a recent drunk driving arrest by the state police in the Pocono Mountains area of the state.

Court prohibits warrantless blood test in drunk driving case

The Pennsylvania Supreme Court recently delivered a ruling that forbids police from taking a blood sample to test for DUI from an unconscious suspect. The decision is not surprising because it appears to parallel U.S. Supreme Court decisions in drunk driving cases. It is a Fourth Amendment violation for authorities to conduct a search in that manner.

Drunk driving dismissal does not save truck driver's license

Pennsylvania DUI laws require that an individual who refuses to take a blood-alcohol test is subject to a mandatory loss of his or her driver's license for one year. For a commercial truck driver in that predicament, the driver will also lose his or her commercial license forever, according to a recent Commonwealth Court decision. The appellate decision has a couple of interesting legal issues with respect to Pennsylvania's drunk driving laws and pertaining to its administrative laws regarding license suspensions.

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