Some Defenses For Drug DUI Cases

March 5, 2018By Brian Manchester

I was going over the latest PA Bulletin on the minimum detection levels for a case and I wanted to share some information about it because I often get calls on this topic. In summary, if a Schedule I, II, or III controlled substance is not on this list (attached) it isn’t admissible pursuant to 1547(c)(iv). Remember benzodiazepines are Schedule IV so they are not covered by this Bulletin. There are a lot of controlled substances that my client allegedly consume that are not covered. Some of the more popular non-covered drugs are synthetic cannabinoids (marijuana) and synthetic cathinones (bath salts). The synthetic cannabinoids are too numerous to mention and new forms are coming out as quick as chemists can think of them. But too bad for the government. They are not listed so they do...

Posted in: Drug DUI Defenses DUI Blog

Consequences For Refusing A Breathalyzer Test

December 4, 2017By Brian Manchester

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...

Posted in: Breath Testing DUI Blog

What Should I Do If I Am Asked To Provide A Chemical Test In Pennsylvania?

September 11, 2017By Brian Manchester

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. *Quick note...

Posted in: DUI Blog Refusal Of Chemical Test

What Should I Do At A Traffic Stop In Pennsylvania?

September 11, 2017By Brian Manchester

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...

Posted in: DUI Blog General Information

What Rights Do I Have When Police Ask For A Blood Test In Pennsylvania?

September 11, 2017By Brian Manchester

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...

Posted in: DUI Blog Implied Consent

Can I Lose My Pilot’s License If I Am Charged With DUI In Pennsylvania?

September 7, 2017By Brian Manchester

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...

Posted in: DUI Blog Pilot License Issues

Brian Manchester Receives Advanced Level Training on Ultraviolet Light Issues During Drug Recognition Expert Evaluations

August 28, 2017By Brian Manchester

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...

Posted in: DUI Blog Training

Why Was I Charged With A DUI In Pennsylvania When I Was Not Operating My Vehicle?

August 9, 2017By Brian Manchester

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...

Posted in: DUI Blog

Cameron County Second Offense DUI Dismissed

May 19, 2014By Brian Manchester

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...

Posted in: DUI Blog

Bradford County DUI Appeal Victory

May 19, 2014By Brian Manchester

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 ...

Posted in: DUI Blog

Client Testimonials

  • "Brian is an excellent lawyer. He was able to have my 3rd offense DWI reduced to a 1st offense. I was facing up to 6 months in jail and he was able to negotiate 5 days. I would definitely recommend him to anyone needing a..."
  • "My husband died in a car accident. DUI was assumed from the very beginning . With Attorney Manchester's expertise in the DUI field and BAC testing, he was able to help prove to the insurance company that my husband..."
  • "I hired Manchester and Associates to represent me on my second DUI arrest. Mr. Manchester's associate Greg Davidson attended the preliminary hearing and pointed out to the DA that the stop was illegal. The DA withdrew..."
  • "I ran into a great deal of trouble up in Huntingdon County. He helped me get a plea bargain that avoided my having to register as a sex offender and I am additionally able to keep my job while avoiding a jail sentence. He..."
Read More

(888) 994-7616

Effective Criminal Defense

Free download



Our Other Blog

Pennsylvania DUI Defense Blog

Recent Entries

Why Is The Court Requiring A Hearing On Bail? DUI Charges Harassment and Assault Charges