On June 23, 2016, the United States Supreme Court issued North Dakota v. Birchfield, which held that warrantless blood tests cannot be justified under the search incident to arrest rationale, and, as a result, a driver may not be informed they are subject to increased punishment in the event of refusal. This watershed decision meaningfully affects Pennsylvania DUI prosecutions and others throughout the country.
A defendant appealed from his DUI conviction, asserting that the trial court erred in denying his post-sentence motion to withdraw his guilty plea to enable him to take advantage of Birchfield. The Pennsylvania Superior Court affirmed.
In February 2016, a Pennsylvania state trooper suspected the defendant of driving under the influence during a routine traffic stop. The defendant consented to a blood draw, and he was subsequently charged with various DUI-related offenses. In June 2016, he entered into a negotiated guilty plea and was sentenced to six months’ intermediate punishment. He did not file a motion seeking to suppress his blood test results. Birchfield came out two days after the defendant’s sentence.