The Supreme Court’s holding in Birchfield v. North Dakota, continues to affect how Pennsylvania DUI cases are prosecuted. In Birchfield, the Supreme Court held that police officers could not subject DUI suspects to warrantless blood tests or impose increased criminal penalties for refusing a blood test. Before the Birchfield ruling, Pennsylvania DUI suspects were advised that they would face enhanced criminal penalties if they refused blood tests. Those warnings, which were known as the DL-26 form, were modified post-Birchfield to remove language warning of increased criminal penalties. The new form, DL-26B, however, warns of the possibility of increased civil penalties for failing to submit to a blood test, which has led to confusion among DUI suspects as to what penalties may be imposed for failing to submit to the test.
Recently, in Commonwealth v. Miller, the Superior Court of Pennsylvania held that police officers do not have an affirmative duty to advise a DUI suspect they will not face enhanced criminal charges if they refuse a blood test. As such, if a DUI suspect voluntarily consents to a blood alcohol concentration (BAC) test, the results of the test are admissible, regardless of the suspect’s belief that he will face more severe penalties if he refuses to submit to the test.
In Miller, the suspect was arrested under the suspicion of DUI and then read the revised DL-26B form, which no longer includes warnings of increased criminal penalties for failing to submit to a blood test. The suspect, who had previously been arrested for DUI and read the prior DL-26 form, believed he would received criminal penalties for failing to submit to the blood test and therefore consented to the test. At his trial, the suspect filed a motion to suppress evidence of his blood alcohol concentration test results, arguing his consent was invalid because, based on his prior experience, he believed he would face criminal penalties if he did not submit to the test. The trial court granted the suspect’s motion and the Commonwealth appealed. On appeal, the Superior Court of Pennsylvania held that the suspect’s subjective belief did not provide grounds for the suppression of the blood alcohol concentration test results.