Articles Posted in Blood Testing

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The Pennsylvania and United States Constitutions protect people from unreasonable searches. This means, among other things, that a DUI suspect cannot be compelled to submit to a blood test absent a warrant. There are some exceptions to this rule, though, such as when exigent circumstances exist. Recently, a Pennsylvania court discussed what constitutes an adequate urgent situation to allow the warrant requirement to be set aside in a DUI case in which the defendant appealed his conviction. If you are accused of a DUI offense, it is crucial to understand your rights, and you should speak to a Pennsylvania DUI defense attorney as soon as possible.

The Facts of the Case

It is alleged that the defendant drove his car onto train tracks, after which a train collided with the car and pushed it a quarter of a mile. When first responders arrived at the scene of the accident, the defendant was outside of his vehicle while his fiancé and their daughter were still inside the car. The fiancé was pronounced dead at the scene, and the defendant and his daughter were transported to the hospital for treatment.

It is reported that an officer that investigated the accident smelled marijuana coming from the car. Thus, he directed another officer to interview the defendant at the hospital and obtain a legal blood draw. When that officer arrived at the hospital, the defendant was restrained and drifting in and out of consciousness, and could not consent to a blood test. His blood was drawn prior to the officer’s arrival, though. Continue reading

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In most DUI cases, the Commonwealth will rely on the results of a blood or breath test to support the argument that the defendant was operating a vehicle while intoxicated. Under Pennsylvania implied consent law, drivers are deemed to agree to submit to breath tests and can face penalties for refusing to do so. Blood draws taken absent valid consent may constitute unreasonable search and seizures, though, and the results of such tests may be deemed inadmissible. In a recent Pennsylvania opinion issued in a case in which the defendant’s motion to suppress the results of a blood test were denied, a court discussed what constitutes valid and knowing consent to submit to a blood test. If you are charged with a DUI crime based on the results of a blood test, it is prudent to meet with a Pennsylvania DUI defense attorney to evaluate your potential defenses.

The Defendant’s Blood Test

It is reported that the defendant was involved in an accident while driving his motorcycle. The officer investigating the accident found that the defendant’s breath smelled of alcohol, and his demeanor indicated that it was likely that he had consumed a sufficient amount of alcohol to be rendered unable to drive safely. The defendant was transported to the hospital and was given fentanyl on the way there.

Allegedly, once the defendant was at the hospital, his blood was drawn, and testing revealed his BAC to be .096%. He was charged with numerous DUI charges and, prior to trial, filed a motion to suppress the results of the blood test, arguing that he did not provide knowing consent to the test. He was convicted on each count, after which he appealed. Continue reading

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Pursuant to the landmark Supreme Court decision in Birchfield v. North Dakota, the results of blood alcohol tests obtained without a warrant are inadmissible in many cases. Specifically, even if an officer obtained a defendant’s consent prior to the test, the consent will be deemed invalid if it was provided following a warning of increased criminal penalties for refusing to submit. In the wake of Birchfield, courts throughout the country continue to determine when and how the ruling should apply. This was demonstrated in a recent ruling in a Pennsylvania DUI case that was pending when the Birchfield decision was issued. If you are charged with a DUI offense, it is prudent to speak to a trusted Pennsylvania DUI defense attorney to determine your rights.

The History of the Case

It is reported that the defendant struck two pedestrians while driving her vehicle. Police investigating the accident asked her to submit to field sobriety testing. She agreed and performed poorly. She then submitted to a breath test and was arrested for multiple DUI offenses and transported to the police station. When she arrived there, she was read the implied consent warnings and submitted to a blood test.

Allegedly, before the defendant’s hearing, she filed a motion to suppress the results of her blood test based on the Birchfield ruling. The trial court granted the motion, after which the Commonwealth appealed. The issue went through multiple additional rounds of appeals and was ultimately remanded to the Superior Court of Pennsylvania.

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Many people who are stopped for suspicion of DUI are reluctant to submit to a blood test and believe that if the Commonwealth does not obtain their blood alcohol level, the prosecution will not be able to obtain a conviction. As illustrated in a recent Pennsylvania DUI case, though, such a belief is inaccurate, and a person can be convicted of DUI based on circumstantial evidence alone. If you are charged with a Pennsylvania DUI crime, it is important to understand your rights, and you should meet with a skilled Pennsylvania DUI defense attorney to determine what defenses you may be able to set forth at trial.

The Defendant’s Stop and Arrest

It is alleged that the arresting officer observed the defendant’s car in the corner of a bar parking lot with its hood up. The officer took note of the car because the bar was closed and no one else was in the lot. He then observed the defendant drive the car onto a nearby roadway and proceed to drive erratically. After the defendant almost veered off the road, the officer activated his sirens and stopped him.

Reportedly, the officer noticed that the defendant’s speech was slurred, and his eyes were glassy and bloodshot and that he smelled of alcohol. The defendant admitted to consuming three beers over a six-hour period. He denied that he was intoxicated, however. The officer requested that the defendant submitted to field sobriety testing, but he refused. He was then transported to the police station, where he refused to submit to a blood test. He was then charged with and convicted of driving under the influence – general impairment. Following his conviction, he appealed, arguing there was insufficient evidence to sustain a guilty verdict.

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Although the seminal DUI case of Birchfield v. North Dakota was decided three years ago, courts continue to analyze its impact on DUI cases throughout the country, including in Pennsylvania. For example, the Supreme Court of Pennsylvania recently addressed the issue of whether the Birchfield ruling should be applied retroactively to vacate sentences handed down prior to the ruling. If you are a resident of Pennsylvania currently charged with a DUI offense, it is in your best interest to consult a diligent Pennsylvania DUI defense attorney to discuss your options.

The Defendant’s Conviction and Sentence

It is reported that the defendant was arrested and charged with DUI – general impairment in September 2015, which was his third DUI offense. The defendant entered an open guilty plea. He was subsequently sentenced to imprisonment for a term of 18 months to five years, which included a sentence enhancement due to his refusal to submit to a blood test to determine his BAC level. He did not file an appeal following his sentencing. In August 2016, however, following the Birchfield ruling, the defendant filed a petition for post-conviction relief, arguing that his sentence was illegal. His petition was dismissed, after which he appealed to the Superior Court of Pennsylvania. The Superior Court affirmed the lower court ruling, finding that Birchfield did not apply retroactively. The defendant then appealed to the Supreme Court of Pennsylvania.

Birchfield’s Impact on Sentences Issued Due to a Failure to Submit to a Blood Test

Generally, a new rule of criminal procedure does not apply to convictions that were final at the time the rule was developed. New substantive rules may be applied retroactively, however, as well as rules that are deemed watershed rules of criminal procedure. In other words, these are rules that involve the essential fairness and correctness of criminal matters. In contrast to substantive rules, procedural rules are intended to improve the accuracy of a sentence or conviction by modifying the manner in which a defendant’s guilt is determined.

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Under Pennsylvania’s implied consent law, anyone driving on Pennsylvania roads is presumed to consent to chemical testing. While an individual who is suspected of DUI is permitted to withdraw his or her consent, it can result in civil penalties, such as the loss of his or her license. Recently, the Pennsylvania Supreme Court addressed the issue of whether the provision of the implied consent statute that permits the Commonwealth to introduce evidence of a person’s refusal to submit to a warrantless blood test as proof of knowledge of guilt. If you are charged with a DUI following a refusal to submit to a blood test it is critical to engage an aggressive Pennsylvania DUI defense attorney to assist you in formulating an effective defense.

Facts of the case

Reportedly, the defendant, who was suspected of DUI, was transported to the Lycoming County DUI center. Upon arrival, he was read the PennDOT DL-26 form, after which he refused to submit to a blood draw. He was charged with DUI general impairment. Prior to the trial, the defendant filed a motion to preclude evidence of his refusal to submit to a blood test, which the court denied.

Allegedly, during the trial, the arresting officer testified that the defendant would not submit to a blood test following his arrest. The defendant was convicted after which he filed a motion for reconsideration, arguing that the trial court erred in permitting the Commonwealth to introduce evidence of his refusal to submit to a blood test, arguing that his right to refuse testing was protected by the Fourth Amendment of the United States Constitution. The trial court granted the motion. The Commonwealth subsequently filed an interlocutory appeal. The Pennsylvania Superior Court reversed and remanded. The defendant then sought review.

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In many Pennsylvania DUI cases, the Commonwealth will rely on the results of a blood test to prove a defendant’s intoxication. Recent changes in the law require a police officer that is investigating a person for suspicion of DUI to obtain a warrant to compel the person to undergo a blood test. The police do not need a warrant, however, if a person voluntarily consents to submit to a blood test. The Superior Court of Pennsylvania recently discussed what constitutes valid consent, in a case in which it overturned the defendant’s DUI conviction for DUI highest rate of alcohol. If you are charged with DUI highest rate of alcohol or another DUI crime it is vital to engage a seasoned Pennsylvania DUI defense attorney to fight to preclude any evidence the Commonwealth should not be permitted to use against you.

Factual Background

Allegedly, a police officer stopped the defendant due to a broken headlight. The officer that stopped the defendant observed an odor of alcohol emanating from the defendant and noticed that his speech was slurred. As such, the officer asked the defendant to exit his vehicle to perform field sobriety tests. The defendant failed the tests and was placed under arrest. The officer then asked the defendant if he was willing to provide a blood sample for blood alcohol testing. The defendant replied, “yes.” The defendant did not ask any additional questions and was not advised that he would face additional penalties if he refused the test.

Reportedly, the defendant’s blood alcohol concentration was 0.232% and he was charged with DUI – highest rate of alcohol and DUI – general impairment. He filed a motion to suppress the result of his blood test on the grounds that his consent was invalid. The court denied his motion, and the defendant was convicted on both counts. He subsequently appealed.
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The landmark case of Birchfield v. North Dakota was decided by the Supreme Court three years ago but continues to affect the status of Pennsylvania DUI law and the prosecution of DUI cases all over the country. For example, the Superior Court of Pennsylvania recently addressed the issue of whether a blood test consent form that stated that a defendant’s refusal to submit to a blood test could be used as evidence in subsequent proceedings violated the Birchfield holding. If you are charged with a DUI in Pennsylvania and you believed your consent was not properly obtained prior to blood test, it is essential to retain an experienced Pennsylvania DUI defense attorney to help you protect your rights.

Fact Surrounding the Defendant’s Arrest

It is reported that the defendant was stopped at approximately 10:00 am after he passed by police officers at a high rate of speed. The defendant refused to provide the officers with this license and registration, and his eyes were reportedly dilated and bloodshot. He was arrested for suspicion of DUI and transported to the police station for a blood draw. The defendant was read the required warnings, which he signed, and submitted to a blood test. Prior to the trial, he filed a motion asking the court to suppress the results of his blood test, alleging the consent obtained was invalid because the consent form stated that a refusal to submit to testing could be used in subsequent legal proceedings. The court granted the defendant’s motion and the Commonwealth appealed. On appeal, the Superior Court reversed and remanded.

Post-Birchfield Consent to Chemical Testing

Under Pennsylvania law, a defendant’s consent to a search and seizure is only valid when it is knowingly and validly given. The Birchfield holding explained that in the context of a DUI, a driver cannot be deemed to have consented to a blood test when the consent is based on the threat of criminal penalties for refusal. It is important to note, however, the Birchfield ruling only prohibited the imposition of criminal penalties for refusing to consent to a blood test; it did not affect the right to impose civil penalties.
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The Birchfield ruling by the United States Supreme Court, which held that warrantless blood draws were unconstitutional, created a ripple effect in Pennsylvania DUI cases and DUI cases throughout the country. While the Birchfield decision immediately effected the warnings and chemical testing administered to Pennsylvania DUI suspects, it took longer for the Pennsylvania statute regarding criminal penalties for refusing to submit to chemical testing to be modified. Recently, the Superior Court of Pennsylvania addressed the issue of whether the delay in modifying the statute constituted grounds for a motion to suppress the results of chemical testing, ultimately ruling that it did not.  If you are facing Pennsylvania DUI charges it is important to retain a seasoned DUI defense attorney who can explain recent changes in DUI law and how those changes may affect the outcome of your case.

Circumstances Surrounding the Defendant’s Arrest and Chemical Testing

It is alleged that the defendant was stopped for a traffic violation. Upon approaching the defendant’s vehicle, the officer who stopped the defendant observed an odor of alcohol and noticed that the defendant had slurred speech and glassy eyes. The officer administered a field sobriety test and preliminary breath test to the defendant, and then transported the defendant to a medical center for a blood draw. Prior to the blood draw, the defendant was read a warning, which was modified from its prior form to omit any language regarding increased criminal penalties for refusing to submit to a blood test. The defendant signed the form and submitted to the test.

Reportedly, the defendant was charged with DUI – high rate of alcohol. Prior to his trial he filed a motion to suppress the results of his blood test, arguing that his consent was not voluntary because enhanced criminal penalties for refusing to submit to a blood test still existed at the time of his arrest and the police violated Pennsylvania law by refusing to warn him of those penalties. The defendant’s motion was denied, and he was convicted of the DUI charge, after which he appealed.

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An act that was recently signed into law by Governor Tom Wolf amended the Motor Vehicle Code with regards to the penalties imposed for certain DUI violations. Specifically, the changes to the law, which went into effect on December 24, 2018, increase penalties for repeat offenders and for individuals who cause an accident resulting in death while driving under the influence of alcohol. The changes also modify the prior language regarding chemical testing to comply with the changes mandated by Birchfield v. North Dakota.  If you were charged with a DUI, you should consult a knowledgeable Pennsylvania DUI attorney as soon as possible to discuss how the changes in the law may affect your case.

Grading of DUI offenses

Grading of DUI offenses is generally determined based on both the defendant’s blood alcohol level at the time of the alleged violation and whether the defendant has any prior DUI offenses. Prior offenses are not limited to convictions, but also include acceptance into an ARD program and juvenile adjudication. A prior offense will be considered for purposes of grading and sentencing if the judgment for the prior offense was entered within ten years of the current offense. Additionally, the charges a DUI defendant faces depends on the level of his or her impairment at the time of the offense. Impairment may be categorized as general impairment, high impairment, or highest impairment.