DUI News

This case makes ARDs not count as prior convictions. So if you got ARD in the past and now have another DUI, you get the huge benefit of the first DUI not counting as a prior offense. This is as of October 2021. It is possible the State Legislature may pass a law negating this or the case may get appealed. But for now, this is a huge break for some people charged with a DUI for the second time.

This case makes it such that the police need both probable cause and exigent circumstances to search an automobile. This has huge implications for searches based purely on the smell of marijuana or on admissions of made to the police. The reasoning behind that holding is that our PA Constitution Article I, Section 8 affords a significant amount more protection than the 4th Am. of the U.S. Constitution.