As a result of the United States Supreme Court's recent ruling in Birchfield v North Dakota last year, the admissibility of blood tests in DUI criminal cases across Pennsylvania has been thrown into question. Birchfield ruled unconstitutional a North Dakota law that imposed a jail sentence for those suspected of DUI who refused to submit to a blood test.
Pennsylvania has an implied consent law, however, refusal of the blood test does not result in jail time. Rather, under the Pennsylvania DUI statute, a refusal will result in an automatic one year license suspension. The prosecution may also use the evidence of refusal against you in court to prove DUI.
In light of Birchfield, many prosecutions in Philadelphia, Montgomery, Delaware, Chester and Bucks counties have decided not to use the blood tests in their DUI cases. Moreover, many police departments have had to rethink their procedures in seeking blood tests in DUI cases now that Pennsylvania may start to require a search warrant.
What are your rights? Call Scarpello & LaTour today if you have been charged with a DUI. Our attorneys are former prosecutors who know how to get the results you deserve.
