In June 2016, the United States Supreme Court issued Birchfield v. North Dakota, which held that a DUI suspect may not be informed they are subject to increased punishment in the event of refusing a blood test. A Pennsylvania DUI defendant who was arrested after Birchfield, but before the General Assembly’s July 2017 amendment of the Criminal Code, appealed her license suspension for refusing to submit to chemical testing pursuant to Pennsylvania’s Implied Consent Law.
In June 2016, PennDOT created an amended DL 26B form in response to Birchfield. On July 20, 2017, the Pennsylvania governor approved 2017 Act 30, which amended Section 1547(b)(2) to remove language that requires an officer to give admonitions relating to enhanced criminal penalties for refusing a blood test.
Upon the defendant’s arrival at the central booking center, the officer requested that she submit to a chemical test of her blood and read her the new DL-26B form, thereby warning her that the Department would administratively suspend her driver’s license for at least 12 months for refusing to submit to a blood test. He did not advise her, however, that she would be subject to enhanced criminal penalties upon refusal. The defendant refused, and the Department issued the notice of suspension at issue. The defendant appealed to the trial court, which held a hearing, rejected the defendant’s argument, and upheld the suspension. Her timely appeal followed.