Tag Archives: Refusal

Birchfield involves a trilogy of cases dealing with criminalizing a refusal to submit to a blood or breath test in  DUI prosecutions. The Birchfield holding was significantly different as it distinguishes prosecutions of breath and blood refusals. The Birchfield Court held that you could criminalize the refusal to take a breath test in DUI prosecution because it was not coercive. Giving a breath test involves no intrusion into your body. The same could not be said for a refusal to ... Read More »

In February of 2016 the Supreme Court of the State of Kansas declared Kansas’ criminal refusal statue unconstitutional. In State of Kansas v. Ryce, State of Kansas v. Wycoff, State of Kansas v. Nece and State of Kansas v. Wilson, the Supreme Court found K.S.A 8-1025 (criminalizing the refusal of a chemical test) Facially Unconstitutional. The Court relied on violations of Due Process and the Doctrine of Unconstitutional Conditions, in finding the statute facially Unconstitutional. The ruling remains very much ... Read More »

An occupational limited license (OLL) authorizes driving a designated motor vehicle, under certain conditions, only when it is necessary for the driver’s occupation, work, trade, medical treatment or study. If this is your first DUI conviction, and your license has been suspended for 1-year, you are eligible for an OLL after 60 days. Eligibility is at PennDOT’s discretion. If your conviction results in an 18-month DUI-related suspension and you have satisfied all restoration requirements and installed an ignition interlock device ... Read More »

After successful completion of the Accelerated Rehabilitative Disposition (ARD) Program, one may motion for an expungement.  But, what does this mean? An expungement removes the criminal aspect of your DUI charge.  So, for example, a new job you apply for runs a criminal background check and you are concerned it is going to show up.  After the motion for expungement is granted, it should not appear. However, if this new job requires a driving history, you should be aware that ... Read More »

Effective July 28, 2013, a newly-revised Boating Under the Influence (BUI)  law came into effect in the State of Washington.  Penalties were raised to that of a gross misdemeanor instead of a simple misdemeanor.  There still is no mandatory minimum jail term or fine.  A refusal to provide a breath sample is not admissible at the trial, however a boater can be subjected to a $1000 civil fine for refusing a test.  This legislation also authorizes search warrants for blood ... Read More »

As a Pennsylvania licensee, you have already agreed to take a chemical test if ever arrested for driving under the influence.  Because you have already agreed to take a chemical test, whether it is blood, breath or urine, you are subject to enhanced penalties if you refuse.  In looking at it in its most basic terms, a refusal results in your case splitting into two parts: civil and criminal. On the civil side, PennDOT will suspend your license for 12 ... Read More »

It is that time of year again.  It has taken forever, but it is spring!  Hopefully summer will be here before the Fourth of July.  And with that comes more young people out and about, particularly those that are attending prom and graduation ceremonies.  If you are under the age of 21, PLEASE remember that involving drugs and/or alcohol in your celebration not only doubles the danger but it doubles the consequences too. In Maine, the “Zero Tolerance” law as ... Read More »

New Tennessee DUI Defense? Many persons charged in Tennessee with the crime of Drunk Driving (DUI/DWI) may have a new defense in their arsenal.  On April 17, 2013 the United States Supreme Court ruled that the natural metabolization of alcohol in the bloodstream does not present a per se [automatic] exigency that justifies an exception to the Fourth Amendment’s search warrant requirement for nonconsensual blood testing in all drunk-driving cases.  Instead, the court determined that exigency in this context must ... Read More »

Clients often call in panic mode after doing research online and reading the penalties they face for a first offense driving under the influence (DUI) conviction in Pennsylvania.  Those penalties vary depending on what your blood alcohol content (BAC) is and are as follows: Tier 1 (BAC 0.080 to 0.99) 6 months probation $300 fine Safe Driving Classes Court Reporting Network (CRN) Evaluation Drug and Alcohol Treatment Evaluation (if warranted) Tier 2 (BAC 0.100 to 0.159, Minors and Commercial & ... Read More »

On July 1, 2012, the Kansas Legislature’s new test refusal law criminalizing the refusal of a requested blood, breath, or urine test went into effect.  Over the past 2 months, I have seen this new law rigorously enforced.  Basically, if during a DUI investigation the driver refuses to submit to the officer’s request for a test, the main element of the charge is met.  It is, however, important to know that a Refusal can only be charged in regard to ... Read More »