Month: November 2019

Female hand rejecting glass with alcoholic beverage on blurred background

Understanding Pennsylvania’s Dram Law

Under a Pennsylvania law called the Dram Shop law, any person or business who provides alcohol to a person who is visibly intoxicated is held legally responsible for any injury or damage that visibly intoxicated person may later cause. The law applies to bars and other drinking establishments, and it also applies to private individuals who are hosting an event.

The dram law comes into effect in court most typically when an intoxicated person causes a vehicle collision or another kind of injury. The person or business who provided the person with alcohol is normally part of a larger lawsuit filed by the victim or victims against the at-fault driver.

To sue someone successfully using the dram law, a person must be able to prove:

  1. The person who was being served was “visibly intoxicated.”
  2. The decision to continue to serve alcohol directly contributed to the injuries of another, which were caused by the intoxicated person they over-served.
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How Much Alcohol is in Your Favorite Drink?

There are any number of resources regarding blood alcohol content (BAC) after you’ve been drinking. In fact, you can find our own with our BAC calculator. However, many of these require you to know how much alcohol you’ve had, and what the alcohol percentage is. For many drinkers, that kind of alcohol simply seems unavailable, especially after you’ve knocked a few back.

However, this is vital information. Driving with a blood alcohol content over 0.08 percent in Pennsylvania can lead to big trouble. Not only are you a danger to yourself and other drivers on the road, you could be looking at hefty fines and even jail time. Here are some of the most popular drinks in Pennsylvania, and their alcohol by volume content (ABV). Please note that these are not exact numbers; you should never drive if you’ve been drinking.

Alcohol Content in Popular Pennsylvania Beers 

Our state is full of quality craft breweries that make some of the best beer in the nation.Read More

Can I Argue Against Breathalyzer Results?

Breathalyzer testMany people regard a breathalyzer as some sort of infallible device. This includes police, those accused of DUI in Pennsylvania, and the general public. They assume that these devices can do no wrong and can never be inaccurate. Even judges, prosecutors and juries will make this assumption—despite the fact that there is a history of rulings, motions and legal actions that have thrown out past breathalyzer results.

In 2016, the Inquirer reported on one such incident. Inaccurate readings from a breathalyzer machine used by the Philadelphia police affected up to 1,000 former Philly DUI cases.

Unfortunately, the breathalyzer’s reputation as a mystical, never-fail device causes some Pennsylvania DUI suspects to neglect their right to defend their case. Rather than pursuing potential actions that could rightfully exclude invalid breathalyzer evidence—or generally help reduce the charges they face—DUI suspects simply give up. They accept a plea bargain or fail to argue against the results of the test itself.… Read More