2016 Supreme Court Ruling on DUI Law
Arresting Officers Need Search Warrant for DUI Blood or Chemical Testing
A 2016 ruling by the United States Supreme Court in Birchfield v. North Dakota changed Pennsylvania DUI law in a major way.
Prior to this decision, police officers investigating a DUI case were not required to obtain a search warrant to extract blood from an individual under suspicion of DUI for purposes of chemical testing.
The law now says a warrant is required to obtain blood from an individual.
If a warrant was not obtained in your DUI case, the possible penalties you face may have changed. Call the Ketchel Law today for a free consultation at 412.456.1221.
How does this ruling affect DUI cases in Pennsylvania?
- If no warrant was obtained for a blood draw, an individual charged with a first offense DUI with a blood alcohol level (“BAC”) of .16 or higher may now receive NO JAIL time and NO LICENSE suspension as opposed to 72 hours in jail and a one year driver’s license suspension.
- Prior to Birchfeild, a person facing a second offense DUI with a BAC of .16 or higher faced a mandatory 90 days—5 years imprisonment with a license suspension of 18 months. Now, assuming no warrant was obtained to collect the blood evidence, an individual faces only 5 days—6 months incarceration and a one year license suspension.
- For a third offense DUI with a BAC of .16 or higher, an accused faces a mandatory state prison sentence of 1-5 years with a license suspension of 18 months followed by an Ignition Interlock for 1 year. If no warrant was obtained for the blood draw, an individual now faces only 10 days—2 years in jail and a license suspension of 12 months followed by an Ignition Interlock for 1 year.
Contact a Pittsburgh DUI Lawyer at Ketchel Law today at 412-456-1221 to find out whether this new law will affect your Pennsylvania DUI charges.
PITTSBURGH DUI LAWYERS
Call 412-456-1221 for a free consultation
If you have been charged with a DUI in Pennsylvania, contact Ketchel Law today.
Our number one goal is to have your charges dismissed and your record clean.
Learn more about DUI Laws in Pennsylvania
- First-time DUI Offense
- Refusing a Breathalyzer
- Second DUI Offense
- DUI Marijuana
- DUI Arrest in PA with a BAC over .16
- The Penalties for a DUI Conviction in PA
- A DUI Arrest and Your License
- DUI Court Process
- The Pennsylvania ARD Program
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We offer free legal consultations to anyone charged with a crime in Western Pennsylvania. Call us at 412-456-1221 today to find out how we can help defend your rights.
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