You’ve been out for a night on the town. You made the decision to drive yourself home. You’ve made it to your driveway and see a police car blocking your way out with its lights flashing. Your stomach drops but then you remember… you’re at home. There’s no way you can be in trouble now. Or can you?

Many people are under the mistaken belief that they can’t be charged for driving under the influence when they are in their own driveways. That may not necessarily be the case. Even if you are on your own property, you may be charged with driving under the influence. To illustrate this point, let’s take a look at some relevant factors, including a recent case that made its way to the Michigan Supreme Court.

No matter what circumstances may be affecting your case, it’s prudent to seek out the knowledge and advice of an experienced Pennsylvania DUI defense lawyer.… Read More

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.

In October 2018, the YouTube channel Try Guys published two videos: one of them driving while high, and one of them driving while drunk. They tested their inebriated driving abilities on a closed course. The purpose of these videos was to specifically check how both driving drunk and driving while high affected the driver’s senses, reaction time and confidence.

The tests were set up as such: First, the drivers maneuvered through the course completely sober. The course is full of normal obstacles you may find on the road every day, such as stop signs, lane closures and hairpin turns.

They looked at two initial variables: how long it took to complete the course, and how many cones were knocked over. These tests were the control for the experiment.

Then, the drivers became legally inebriated (drinking to at least a 0.08 blood alcohol content for one video, and smoking enough marijuana to feel “stoned” in the other), and drove the course again.… Read More

FAST FACTS

• 1.8% of the people in Pennsylvania report driving after believing they’ve had too much to drink.
• Between 2003 and 2012, 4,663 people were killed in drunk driving accidents across the state.
• The rate of death for people between the ages of 21 and 34 is higher than the national average.

You have gone out on the town, whether it was to a friend’s house or the local bar, and you are on your way home. You see signs and flashing lights and wonder what in the world could be going on. As you get closer, your stomach drops and you begin looking for any opportunity to turn around. You’ve run smack into a DUI checkpoint. What are your options?

Many people believe that they are required to move through the checkpoint simply because it is in place. The truth is that you are not legally required to travel through the checkpoint.… Read More

FAST FACTS

• There were $2.75 billion in recreational cannabis retail sales in 2017.
• It is estimated that by 2021, those same sales will top $8 billion.
• Recreational marijuana use is illegal in Pennsylvania.

When the fight to legalize marijuana began, some pictured people getting high on street corners and running rampant through neighborhoods. Others pictured sitting in on their decks, finally being able to do what they had already been doing without the worry of arrest.

There were attitudes and feelings everywhere in between. Many didn’t think beyond smoking the drug and the problems it may or may not cause. Few considered the trend that is taking hold now: Cannabis beverages.

Sales of soda/pop/Coke (depending on the region you live in) are down to the lowest point they’ve seen in three decades. People are forgetting the soda and grabbing what they perceive to be healthier drinks instead.

Coconut water and Kambucha tea are hot right now and in some states, cannabis beverages are hitting the shelves.… Read More

FAST FACTS

• 39% of traffic deaths in Pennsylvania involve at least one impaired driver.
• 1,825 college students die each year as a result of drinking and driving.
• More than 3 million college students report having driven under the influence of alcohol.

When you go to college, you’re going to spend your days attending classes and hitting the books. You may even work part- or full-time while you attend school. College can be a stressful time, and you’re sure to be under pressure.

One way you may choose to relieve your stress is to hit the town or go to a party with friends. Unfortunately, many young adults make poor choices when it comes to drinking and driving. If you’re someone who enjoys a drink, be careful — here’s how a DUI in Pennsylvania can ruin your college career.

The Immediate Consequences of a DUI

Being arrested and charged with driving under the influence of alcohol has immediate consequences.… Read More

It is stressful when you are forced to deal with the unknown. Being charged with DUI for the first time means that you will be facing several unknowns. You not only have to deal with the anxiety of being charged with a crime, but the upcoming court process. While a DUI is certainly a serious charge, it may help to ease your fears by knowing what you are about to go through.

The court process for anyone charged with a DUI in Pennsylvania follows a typical set of steps. Your path may differ from the norm, of course, but there are certain things you can reasonably expect to happen.

1. Charges

The very first thing to happen is the traffic stop. You may have already gone through this or know someone who has. A police officer pulls you over, you are asked to submit to a set of tests and placed under arrest.… Read More

Being charged with driving under the influence in Pennsylvania can potentially ruin your life. It will show up on any background check for loan approvals, rental agreements and job searches. You may not be able to drive for a while, and you may be forced to install an ignition interlock device into your car. The worst news is that DUI’s almost never come off your record.

In Pennsylvania, a DUI conviction will almost always stay on your record forever. No matter where you go in the United States, your DUI will follow you, thanks to the National Driving Registry. This system notifies any department of driver services that you have a suspended license and/or that you have a DUI on your record. Dealing with this hassle is just one of the many consequences of drunk driving. However, it may be possible to have your conviction stricken from your record.

Pennsylvania’s DUI Punishments

Getting a DUI for the first time in Pennsylvania carries much less severe consequences than it does in other states.… Read More

Everyone can make mistakes, but in the eyes of the law, driving under the influence cannot be dismissed with a simple slap on the wrist. Therefore, many states, including Pennsylvania, have come up with harsh ways to punish those convicted of DUI. These states hope that their harsh punishments will deter others from making the same decisions.

While the punishments for a first offense can be deemed somewhat extreme, the laws for subsequent convictions give more severe consequences. These laws are in place to keep people from becoming repeat offenders.

While these laws are meant to protect people, they can be exercised overzealously by prosecutors and judges. Certain people, some who are facing unfair charges or did not receive due process, may be treated in the same manner as those who have clearly committed an infraction. No matter the reason for your arrest, you have the right to hire an experienced Pennsylvania DUI attorney to defend your rights.… Read More

When you put your signature on your Pennsylvania driver’s license, you are giving implied consent. This means you are stating you will submit to a chemical test should you ever be pulled over for suspicion of driving under the influence. If you refuse to take a breath test or will not submit a blood or urine sample for analysis, you are subject to other charges and potential penalties, if convicted.

Operation Versus Physical Control

Within the state, operation and physical control of a vehicle are different, but not necessarily in the eyes of the law. The way the DUI statute is written, you only need to be able to make the vehicle move in order to be charged with the offense.

For example: You realize you have had too much to drink and don’t believe that it is safe to continue driving. You do the right thing and pull into a shopping center’s parking lot to wait until you believe you are sober enough to drive.… Read More