Tag Archives: Driving Under the Influence

Miranda Warnings | My Rights

Miranda Warnings | My Rights I was stopped for a DUI. The officer approached my car and asked me if I had been drinking. I said I was drinking. Then I was taken out of the car, given a field sobriety test, and arrested. Then the officer started asking me all kinds of questions about how much I had to drink, where I was coming from, how much I had… Read More »

Operation

Operation How is operation defined? People always ask about the burden of proof in DUI cases and I always give the answer that the prosecutor has to prove both operation and under the influence in a driving under the influence case in Pennsylvania. The discussion almost always turns to topics of intoxication and what we can do to beat the DUI case on intoxication. Very rarely do we get questions… Read More »

Prescription Medication

Prescription Medication Can you get a DUI from prescription medication? Yes. For sure. You can even get convicted of Driving Under the Influence in Pennsylvania for Schedule IV narcotic such as Ambien. The fact that you have a valid prescription is not a defense. You can not use involuntary intoxication as a defense in your DUI case for prescription medication. If you have the amber colored pill bottle, you will… Read More »

Refusal

Refusal We always get the question regarding a refusal, “Should I refuse the blood or breath test?” As the law stands right now, you should never refuse to give blood or breath in a Driving Under the Influence case. Refusal DUI case are among the most difficult to deal with for the lawyer. When you are arrested in any type of criminal case the burden of proof for every element… Read More »