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    The Commonwealth of Pennsylvania is serious about keeping its roadways safe. Therefore, they have enacted strict DUI laws with harsh penalties. If you are facing DUI charges in PA, you are probably well aware of the consequences and are fearing the affect a conviction may have on your future.

    It is important to understand that whatever you are facing, there are laws on your side. Securing an experienced and knowledgeable DUI defense attorney is the first step in protecting your rights.

    A DUI Charge is Not a Conviction. Beating a DUI charge in PA is Possible.

    Each case is unique and to fully understand your rights you should speak with an experienced Pittsburgh DUI Attorney.

    If you have been arrested or charged with a DUI, the very first thing you should do is contact an experienced Pittsburgh DUI lawyer. A DUI charge can be a confusing process, but it is important to know your rights and understand your charges and the consequences you face.

    Attorney David J. Shrager is personally available via his cell phone, 24/7 – call or text 412-969-2540.

    What is Implied Consent in Pennsylvania?

    When you are stopped for a DUI in Pennsylvania, police are already beginning their investigation and evidence collection process. Police also know that Pennsylvania has what is called implied consent when operating a motor vehicle on PA roadways.

    This implied consent means that simply by the act of driving on PA roadways, you automatically consent to chemical testing should you be pulled over for an offense. In fact, refusal to submit to chemical testing was made into an offense of its own and results in license suspension. However, recent rulings by the U.S. Supreme Court have changed the nature of obtaining evidence in DUI cases.

    Birchfield vs. North Dakota and Its Effect on DUI Cases

    Pennsylvania law has constructed a three tier penalty system for DUI offenses that bases punishment on a person’s Blood Alcohol Content, or BAC, and the number of prior offenses, if any. The higher the BAC, the higher tier and thus, harsher punishment. So, BAC tests are crucial evidence in DUI cases.

    Prior to the Birchfield vs. North Dakota case ruling in July, 2016, Pennsylvania drivers who were arrested for DUI would be immediately taken for blood testing to determine their BAC. If the person refused the test, they were informed of the consequences of refusal – one of which was being placed in the highest tier and thus receiving the harshest punishment under the law.

    The Birchfield ruling put an end to that practice. The Court in Birchfield determined that while a breathalyzer is only a minor intrusion, and thus acceptable to obtain without a warrant, obtaining a blood sample was much more invasive. The Court viewed this invasiveness too great and required the police to get a warrant before a blood draw could occur. In addition, people could no longer receive harsher punishments for refusing to submit to the blood draw. Police would just have to obtain the warrant if they wanted the blood sample.

    So, prior to July, 2016, warrants in DUI cases were not necessary in the majority of cases. However, since the Birchfield ruling, that has changed and police do need to obtain a warrant before having a suspect’s blood drawn.

    You can read more about the recent Birchfield Ruling or call Attorney Shrager today for a Free Consultation.

    What Can a Pittsburgh DUI Lawyer Do for You?

    You need the assistance of an aggressive and experienced DUI attorney who knows the law and will fight every step of the way to protect your rights.

    If you have been arrested for DUI, DO NOT WAIT – call an attorney immediately. By waiting to speak with an attorney, you may be inadvertently waiving your rights or spoliation of evidence could occur which will weaken your defense.

    Shrager Defense Attorneys will closely examine the police reports and squad car videotape to see if the police treated you fairly and if all evidence was collected legally.

    Shrager Defense Attorneys are experienced DUI lawyers in Pittsburgh, PA who, for years, have been fighting and winning DUI cases. Don’t delay — let us defend your rights and protect your future.

    Learn More about DUI Laws in Pennsylvania:

    Shrager Defense Attorneys in Pittsburgh, PA will attack your criminal charges in order to protect your good name. Have a sound and solid case prepared by our legal team so they can fight for your rights.