In DUI trials, proper jury instructions are essential to ensuring a fair trial and guiding jurors through the applicable legal standards. As such, disagreements over jury instructions can lead to unjust outcomes, and may be grounds for pursuing an appeal, as illustrated in a recent Pennsylvania case. If you are facing DUI charges in Pennsylvania, it is critical to work with a Pennsylvania DUI defense attorney who can assert all relevant procedural and constitutional protections on your behalf.
It Is Reported That the Defendant Refused a Blood Draw Despite a Valid Warrant
It is reported that in October 2022, a police officer encountered the defendant near a parked vehicle in the roadway with its hazard lights on. The officer allegedly observed signs of alcohol impairment, conducted field sobriety tests, and arrested the defendant for DUI. The officer transported the defendant to a DUI processing center and read him the Pennsylvania DL-26 form, advising him of the consequences of refusing a chemical test. The defendant refused to submit to a blood draw.
It is further reported that the officer obtained a search warrant for a blood sample and returned with the defendant to the processing center. The officer showed the defendant the warrant but did not allow him to physically read or handle it. The defendant again refused the blood draw. Rather than compel compliance, the officer charged the defendant with obstruction of the administration of law under 18 Pa.C.S.A. § 5101, citing the refusal to comply with a valid warrant. Continue reading