Required Chemical Blood Testing Ruled Unconstitutional by the Supreme Court of the United States

Change in Law will Impact DUI Cases in Pennsylvania

By: Frederick S. Long

7/12/16

A recent ruling from the Supreme Court of the United States may have a significant impact on current and future DUI cases in Pennsylvania. In Birchfield v. North Dakota, the highest Court in the Nation ruled that it is unconstitutional to require a driver to submit to a chemical blood test, unless a warrant was issued for such testing. Under existing Pennsylvania law, if a driver refused chemical blood testing, stiffer penalties would be imposed. Most often, officers were REQUIRED, under existing law and departmental policy, to explain to a driver that -if they refused to submit to blood testing – they would suffer greater penalties. The result of this practice often led to a driver’s consent to submit to a blood test. Particularly in Lebanon County and the surrounding areas, officers rarely would obtain a warrant before the blood was drawn. This very practice, the Supreme Court ruled, is in direct violation of a person’s 4th Amendment right against unlawful searches and seizures.

If you or a loved one has DUI charges that are currently pending, you should contact an attorney that is experienced in DUI cases, and one who stays current with the ever changing DUI laws in Pennsylvania, and across the Nation.

The Law Firm of Long Brightbill offers free consultations for criminal cases, and our team of experienced criminal law attorneys welcome your questions about how a criminal charge for DUI, or for any other criminal matter, may impact your life and those of your loved ones. Please do no wait to call us at (717) 272-6646. We look forward to offering guidance when it is needed most