Should you refuse to submit to a blood test?

A big question that we get, should I refuse a blood test with the new Supreme Court decision with Birchfield v North Dakota and my answer is No, you should not refuse a blood test.  Blood tests, most people now understand with the Birchfield decision prevents the prosecution from introducing blood evidence without a search warrant.

While the Birchfield decision affects criminal prosecutions in the Commonwealth of Pennsylvania it does not affect the civil sanctions that Pennsylvania can impose on a person failing to submit to a blood test following a DUI arrest.  There are two aspects to a DUI case in Pennsylvania.  The criminal aspect and a civil aspect.  Now all of this centers around a person's refusal of a blood test in a DUI case.  When you refuse a blood test, it is not only a criminal case in Pennsylvania, it is also a civil one.  Now the Birchfield decision has pretty much eliminated the criminal penalty for refusing a blood test because without a search warrant the police cannot use the blood evidence.  But the Birchfield decision has not changed the civil sanctions that PENNDOT can impose for failing to submit to that test.  If you do not submit to a blood test in Pennsylvania, PENNDOT can and will suspend your drivers license for 12 months.  The results of the criminal prosecution are absolutely irrelevant.

If you have more questions about DUI defense, I encourage you to read my book Five Ways to Fight & Win Your Pennsylvania DUI Case.  This is a comprehensive guide that I encourage you to read.  It has a lot of good information that can help you with your case.