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Enhanced Penalty for Refusing Blood Sample in DUI Arrest in Pa. is illegal following Birchfield v North Dakota.

Posted By Cliff Tuttle | February 26, 2017

No. 1,309

COMMONWEALTH OF PENNSYLVANIA v. MARIO GIRON, SUPERIOR COURT, NO. 1300 EDA 2016, FILED JANUARY 31, 2017

Image: Legal Intelligencer

Image: Legal Intelligencer

“Appellant, Mario Giron, appeals from the judgment of sentence entered on April 15, 2016. In this case, we hold that, pursuant to Birchfield v. North Dakota, 136 S.Ct. 2160 (2016),[1] a defendant who refuses to provide a blood sample when requested by police is not subject to the enhanced penalties provided in 75 Pa.C.S.A. §§ 3803-3804. As Appellant was subjected to the enhanced penalties provided by sections 3803 and 3804 for refusing to provide a blood sample, his sentence was illegal and although we affirm his convictions, we are constrained to vacate his judgment of sentence and remand for re-sentencing.”

Postscript: Related Tweet:

“I’m not too drunk to think, but just enough that it is hard To form any letters with my mouth”

Excellent.  Don’t.  Exercise your Constitutional Right.

CLT

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 40 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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