New Supreme Court Decision may affect your DUI
In a recent Supreme Court decision, Birchfield v. North Dakota.
The United States Supreme Court held in three consolidated appeals that the Fourth Amendment permits warrantless breath tests incident to arrest for drunk driving, but not warrantless blood tests. The cases came from Minnesota and North Dakota, states where drivers are criminally penalized for refusing to submit to a breath or blood test. Justice Alito reasoned that breath tests entail a minor physical intrusion to the public, and don’t increase the embarrassment of arrest. Blood tests, on the other hand, implicate greater privacy concerns because they are significantly more invasive. With this decision, Pennsylvania is among the states that may be most affected because in most cases, the Police obtains blood without a search warrant and without a valid consent. As such, based on this decision, many DUI cases will have to be dismissed and/or the penalties reduced. It is important that your defense attorney file the appropriate motions to have your blood suppressed. Police departments throughout the country are scrambling to find ways to adjust to this ruling. Hiring the right DUI attorney may make all the difference in the world. If you are arrested for a DUI, make sure you contact an experienced qualified attorney to protect your rights. Call 610-891-8303 for a free consultation to discuss your case.