AWARDS: $2,350,000 award to automobile accident wrongful death plaintiffs • jury acquittal – double criminal homicide • $1,000,000 award to motorcycle accident wrongful death plaintiffs • jury acquittal – criminal homicide • $465,000 award to medical malpractice plaintiff • jury acquittal – criminal homicide, recklessly endangering another person, neglect of a care dependent person • $325,000 federal jury verdict, UIM and insurance bad faith award to automobile accident plaintiffs • jury acquittal – attempted criminal homicide • $300,000 award to medical malpractice plaintiff • jury acquittal- attempted criminal homicide, aggravated assault with a deadly weapon • $300,000 award to automobile accident/ products liability plaintiffs • jury acquittal – homicide by vehicle while DUI, homicide by vehicle, aggravated assault by vehicle DUI, aggravate assault by vehicle • $115,000 award to truck accident plaintiff • jury acquittal – murder, rape • $100,000 non-jury trial verdict to facial laceration plaintiff • jury acquittal – 1st degree Murder (capital case) • $90,000 award to premises liability/slip-and-fall plaintiff • jury acquittal – DUI, terroristic threats, carrying firearms without a license • $440,000 award to civil rights violation plaintiff • jury acquittal – theft, receiving stolen property • $135,000 award to civil rights violation plaintiff • jury acquittal – possession with intent to deliver a controlled substance (PWI) • $636,000 jury verdict in plaintiffs’ medical malpractice case • jury acquittal – indecent assault, indecent exposure • $550,000 award in plaintiffs’ personal injury case • juvenile case acquittal- solicitation to commit aggravated assault, aggravated assault of unborn child • $250,000 award to mass transit accident plaintiff • jury acquittal – theft, receiving stolen property, conspiracy • $130,000 award to premises liability/slip-and-fall plaintiffs • court-appointed appellate counsel – Supreme Court of Pennsylvania reversal of rape conviction • $465,000 award to automobile accident plaintiff • jury acquittal – aggravated assault • $125,000 award to automobile accident plaintiff • jury acquittal – DUI • non-jury acquittal – dismissal of armed robbery charges • $170,000 award to automobile accident plaintiffs • successful jury verdict in defense of attorney charged with legal malpractice in professional liability case • $140,000 award to injured bicyclist plaintiff • non-jury acquittal – dismissal of 2 counts of criminal homicide • $180,000 award to employment discrimination plaintiff • jury acquittal – indecent exposure • non-jury custody trial – award of primary physical and legal custody of minor to paternal grandparents over natural mother • juvenile decertification petition granted to criminal homicide charges – release at age 21 • non-jury custody trial – award of primary physical and legal custody of minor to father • jury acquittal – DUI • $90,000 award to automobile accident plaintiffs • non-jury custody trial – award of primary physical and legal custody of minor to mother • $50,000 jury verdict for plaintiff- passenger in automobile accident case • non-jury custody trial – award of primary physical and legal custody of minor to father • hung jury – Arson trial (no criminal punishment imposed) • $265,000 award to premises liability plaintiff • jury acquittal – delivery of a controlled substance • $125,000 award to premises liability plaintiff • jury acquittal – DUI • $190,000 award to products liability plaintiff • $150,000 award to premises liability/construction accident plaintiff • $750,000 award to prison medical malpractice and civil rights violation plaintiff • $90,000 award to automobile accident plaintiffs • $108,500 award to automobile accident plaintiff • $80,000 award to automobile accident plaintiff • $150,000 award to truck accident plaintiffs.
Charles Law is Endorsed by the Better Business Bureau
Charles Law is Rated AV Preeminent

(844) 775-1977

Search Warrants Now Required in Some Cases of Driving Under The Influence

Under Pennsylvania law, charges of driving under the influence can also be brought against a motorist whose use of a controlled substance, such as marijuana, or alcohol affects the person’s ability to safely operate a motor vehicle. A decision announced earlier this year by the U.S. Supreme Court might offer a new defense strategy in DUI cases involving blood tests.
BAC levels and penalties

Blood alcohol concentration levels are measured through a chemical test of your breath, blood or urine. Pennsylvania uses a three-tier system to determine the severity of the penalties associated with a conviction:

  • Tier I: BAC levels between 0.08 percent and 0.099 percent
  • Tier II: BAC levels between 0.10 percent but less than 0.16 percent
  • Tier III: BAC levels at or above 0.16 percent

The penalties for a first conviction of a Tier I violation can include a $300 fine and probation supervision for up to six months. A first conviction of a Tier III violation can result in fines up to $5,000 and up to six months in jail. A motorist who refuses to take a breath or blood test is subject to the penalties in Tier III.
Limits placed gathering DUI evidence

According to the Supreme Court in Birchfield v. North Dakota, breath tests based upon a motorist’s consent do not require a search warrant, but blood tests can only be administered with a warrant. A blood test refusal might not subject a motorist to Tier III penalties, and it could also create issues of admissibility of the evidence in cases in which a blood test is administered without a warrant.
Defense strategy in DUI cases

If you have been charged with DUI involving a blood test, you should speak to an experienced criminal defense attorney. The Birchfield ruling could affect the ability of prosecutors to use the results of a blood test or to impose enhanced penalties in the event of a conviction.