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.