Law Offices ofPatrick F. Lauer, Jr. LLC Pennsylvania Criminal Defense
Don't Wait- 24/7 Live Assistance and Representation. Call Us Before You Talk to the Police.
Spanish Russian 717-303-3042

Pennsylvania Criminal Law Blog

Implied consent does not mean you have to comply

When you register to get a driver's license in Pennsylvania or elsewhere, there are certain terms that come with it to which you agree. For example, implied consent laws. If pulled over for suspected impairment, you agree to chemical testing.

Does implied consent really mean you have to comply? While expected, no, you do not. You have the right to refuse.

Last time you checked, were DUI checkpoints legal?

If Pennsylvania police have ever stopped you at a random point along the road, perhaps while you were traveling to visit family for Thanksgiving or some other holiday, you know how frustrating it can be, especially if you were already running a bit behind schedule. Long lines of cars inching forward bumper-to-bumper while officers approach each driver's window asking questions may not be the exact scene you had in mind when looking forward to gathering with loved ones.

In fact, you may find yourself sitting behind the wheel, feeling as though the existence of the checkpoint invades your privacy. If so, you're definitely not the first person to question whether DUI checkpoints are legal or are undermining your Fourth Amendment rights.

A DUI could put your CDL in jeopardy

Obtaining a commercial driver's license is no easy task. After hours of training and education, you received the right to drive a big rig, a bus or some other commercial vehicle. More than likely, you tied your livelihood to your CDL. Because of this, you remain vigilant and diligent while driving for work. You make sure that you don't get behind the wheel of your commercial vehicle after drinking.

Even so, you may have stopped and had a drink or two. You probably felt that you waited an appropriate amount of time and got back into your commercial vehicle not thinking that you may be intoxicated. Unfortunately, a police officer pulled you over and suspected you of driving under the influence while on the job. After a breath test and perhaps field sobriety tests, you end up under arrest on suspicion of drunk driving.

What are metabolites and why do they matter to my DUI case?

Put simply, any substance you ingest breaks down into by-products called metabolites. Breath tests for alcohol-related DUIs can't actually measure the amount of alcohol in your blood. Instead, they measure two metabolites in the body. Measuring these by-products of alcohol works in these cases because it leaves your system quickly. This means that the presence of metabolites supposedly indicates how much alcohol remains in your system at a particular time.

What about drug-related DUIs and metabolites?

A suspended CDL: What are your options?

If you are a truck driver or the driver of a commercial vehicle, you know that having a commercial driver's license (CDL) in good standing is critical to your career and financial security. If convicted of DUI in Pennsylvania, it can result in the loss of your license for up to one year. This applies to your CDL, not just your regular license.

Your livelihood may be in jeopardy, but there are options available to you. It is possible to defend yourself against drunk driving charges and protect your driving privileges, but you would benefit from the assistance of an experienced attorney to help you accomplish your legal objectives.

| Email Us For A Response

What Legal Issue Are You Dealing With? Let us provide the help you need.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy