Tag Archives: BAC

It can’t be denied that the Supreme Court of the United States’ decision in McNeely is making an impact in Colorado, even if that impact is slight and apparent in only the rarest and most serious of cases.  This June, the Supreme Court of Colorado announced its decision in People v. Schaufele, which affirmed a trial court’s order suppressing evidence of a defendant’s involuntary, warrantless, blood draw.  In doing so, the Court found (by a plurality of three Judges) that ... Read More »

After celebrating the New York Yankees 5-4 victory over the Toronto Blue Jays, Yankee fans left the stadium in a hurry in the hopes of beating the post-game traffic only to be stopped minutes later by the four police DUI checkpoints that were set up just blocks from the stadium. The Bronx police reassured fans that the checkpoints were not aimed towards Yankees fans but were part of a citywide effort to crackdown on drunk driving. An effort that Angels ... Read More »

It is illegal to have a blood-alcohol concentration (BAC) of .08% or greater while driving a vehicle. It is not illegal to have a BAC of .08% or greater while blowing into a breathalyzer after a DI arrest at a police station. In other words, just because a breath test shows a level of, say, .09%, it does not mean that the blood alcohol level when the suspect was driving an hour earlier was the same .09%. So what was the blood alcohol level ... Read More »

Many times, clients wonder what will happen to their out of state license when their Pennsylvania driving privileges have been suspended once they are accepted into the accelerated rehabilitative disposition (ARD) program. The bottom line is that you will be able to continue driving in every other state, including your home state, except for Pennsylvania.  The question is, how do you know once you leave the courthouse after being accepted into ARD whether your suspension has begun seeing as though ... Read More »