Pursuant to the landmark Supreme Court decision in Birchfield v. North Dakota, the results of blood alcohol tests obtained without a warrant are inadmissible in many cases. Specifically, even if an officer obtained a defendant’s consent prior to the test, the consent will be deemed invalid if it was provided…
Due to the Supreme Court of the United States’ Ruling in Birchfield v. North Dakota the landscape of DUI law in Pennsylvania and throughout the country continues to change. In other words, not only have many states modified laws that were deemed unconstitutional, but many convictions have been vacated as…
The Birchfield ruling by the United States Supreme Court, which held that warrantless blood draws were unconstitutional, created a ripple effect in Pennsylvania DUI cases and DUI cases throughout the country. While the Birchfield decision immediately effected the warnings and chemical testing administered to Pennsylvania DUI suspects, it took longer…
An act that was recently signed into law by Governor Tom Wolf amended the Motor Vehicle Code with regards to the penalties imposed for certain DUI violations. Specifically, the changes to the law, which went into effect on December 24, 2018, increase penalties for repeat offenders and for individuals who…
The United States Supreme Court’s decision in Birchfield v. North Dakota, is an important ruling that permanently altered the manner in which DUI cases are prosecuted and what penalties may be imposed, throughout the country. In Pennsylvania, Birchfield continues to cause confusion, however, both among the prosecution and Pennsylvania DUI…
The United States Supreme Court’s ruling in Birchfield v. North Dakota drastically changed the prosecution of DUI cases throughout the country. In Birchfield, the Court held that a DUI defendant cannot be subject to warrantless blood tests or face increased criminal penalties for refusing to submit to blood testing. The…
Courts throughout the country continue to feel the repercussions of the Supreme Court’s recent ruling in Birchfield v. North Dakota, as they try to navigate the effects of the decision on current DUI case law and statutes. Birchfield held, in part, that increased criminal penalties could not be imposed on…
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,…
In June 2016, the United States Supreme Court issued Birchfield v. North Dakota, which held that a DUI suspect may not be informed they are subject to increased punishment in the event of refusing a blood test. A Pennsylvania DUI defendant who was arrested after Birchfield, but before the General…
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…