Consequences For Refusing A Breathalyzer Test
In Pennsylvania, there are two ways that the Commonwealth can gather evidence that will result in a Blood Alcohol Concentration Level, either through a blood test or through a breath test. Now it is important to differentiate that there are two different types of breath test. There is the portable breath test that officers give to you on the side of the road, this test can be refused if you so choose. Then there is the breath test at the police station. This test can also be refused however if you refuse this breath test then the Court and Legislature have ruled that you will be up charged under the DUI statute in Pennsylvania and you will face an additional license suspension for the refusal through PennDOT.
According to Pennsylvania’s implied consent statute, “Any person who drive...
What Should I Do If I Am Asked To Provide A Chemical Test In Pennsylvania?
Pennsylvania law in this area has been changing in the past two years. Most recently the law was changed on July 20, 2017. Whether or not you refuse to submit to a chemical test is ultimately your decision, there are different consequences. Whether or not it is in your best interest to refuse the test depends on the type of test requested and your personal history with previous DUI convictions.
In Pennsylvania, the police can only request two different types of tests when they are attempting to determine your blood alcohol level for criminal purposes. The officer can request either a breath test* or a blood test. The officer can only ask for one of these tests after they believe they have probable cause that you are under the influence and are incapable of driving safely.
What Should I Do At A Traffic Stop In Pennsylvania?
If you are driving in Pennsylvania at some point you will be pulled over by the police for any number of possible traffic violations, or randomly through a DUI checkpoint. If you are stopped by the police the first thing to do is pull over at the first opportunity you can at a place where it is safe to stop for you and the officer. If you are on a road where pulling over would be dangerous for yourself or the officer when they are standing on the side of the road. Indicate to the officer that you acknowledge that they want you to stop by using your four way flashers and then when it is safe to turn off your four ways and use your signal to pull over.
Once stopped leave your seat belt on. Keep this on until the officer comes to your window. Taking it off early even if you are already sto...
What Rights Do I Have When Police Ask For A Blood Test In Pennsylvania?
Individual’s rights during a blood draw by the police have come front and center in the media this past week. As a nurse in Utah was arrested for refusing to provide the police a sample of a patient’s blood because the police lacked probable cause, they had no warrant, and the individual was not even under arrest. In addition, the patient was unconscious and could not consent to a voluntary blood draw. The police claimed they had a right to take the blood because of the implied consent law in Utah. It has been determined that the Nurse did nothing wrong and that the police were attempting to collect a blood sample illegally.
Pennsylvania also has an implied consent law under 75 PACSA 1547. The general is as follows:
Any person who drives, operates or is in actual physical control...
Can I Lose My Pilot’s License If I Am Charged With DUI In Pennsylvania?
The short answer YES.
If you are pulled over for suspicion of Driving Under the Influence, you must report that to the FAA even if you are late found to be innocent. Being stopped and asked for a breath or blood sample is enough to make you report the incident. There are two separate forms that will have to be completed in which you must inform the FAA of the incident. Typically the first form is under regulation 61.15 which states that any conviction of an alcohol or drug related offense must be reported within 60 days after the motor vehicle action. The other typically later form to report this on is the FAA medical application.
Once it is reported that FAA will request documents about the situation, including but not limited to the police report, a personal statement about the inc...
Brian Manchester Receives Advanced Level Training on Ultraviolet Light Issues During Drug Recognition Expert Evaluations
Brian Manchester of Bellefonte, Pennsylvania recently received advanced level training, from the American Association of Premier DUI Attorneys, on Ultraviolet (UV) Light issues that occur during Drug Recognition Expert (DRE) evaluations. Brian received training on the new UV Light protocol for DRE evaluations.
Read more on this...
Why Was I Charged With A DUI In Pennsylvania When I Was Not Operating My Vehicle?
Have you or someone you know been arrested for Driving under the influence in Pennsylvania? When the charge of Driving under the Influence is charged this can have major impacts on you and your family’s lives and wellbeing. You must protect yourself by talking to an experienced law firm because the impact of a charge like this can affect you for the rest of your life. You can be charged in Pennsylvania for a DUI even if you have not moved your vehicle.
The Pennsylvania Driving Under the Influence law is as follows for General Impairment
(a) General impairment.--(1) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating...
Cameron County Second Offense DUI Dismissed
Our client was charged with a second offense DUI in Cameron County. Over the past two years Brian Manchester has exposed the blood test that is done for alcohol in that county does not conform to the law. The law requires that when a less than whole blood sample is tested (plasma or serum) the test results must be converted down to a whole blood equivalent. Brian Manchester exposed this problem in two prior trials in Cameron County. The hospital reports the blood alcohol content as a whole blood test result. So a typical lawyer will just look at the test result and tell his client that he is over the limit and then get the client to plead guilty. Well Mr. Manchester is very familiar with hospital blood tests so he requested the blood testing procedures from this hospital and they showed t...
Bradford County DUI Appeal Victory
Defendant was charged last year with a second offense DUI. His BAC was alleged to be .147. Defendant was informed that the blood test results were not reported correctly. In fact they were reported as whole blood test results. After obtaining the hospital’s blood testing and sample preparation procedures in another case last year, Brian Manchester pointed out to our client that the hospital is still reporting the results incorrectly.
Defendant faced several DUI charges. At trial Defendant was found not guilty of driving while impaired but guilty of having a BAC of greater than .1. Defendant was sentenced to 30 days to 6 months in jail but was given bail pending appeal. We appealed his case and a few weeks ago the Superior Court overturned his conviction on the blood charges resulting ...
DUI Defense Law Blog
Manchester & Associates – Aggressive Criminal Attorneys
The criminal defense law firm of Manchester & Associates defends criminal cases throughout the State of Pennsylvania. At Manchester and Associates, we understand when people find themselves accused or charged with a crime, they have numerous questions about the PA judicial system. We also understand how people can feel stressed or anxious and even depressed when criminal legal situations occur.
Commitment | Quick Response | Knowledge
Why do our clients choose us? For our Commitment, Quick Response, and Knowledge. The experienced PA criminal lawyers at Manchester and Associates are committed to vigorously defending you. We will respond quickly to answer your initial questions and will continue to keep you inform...