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
“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), 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” #Alexis
Excellent. Don’t. Exercise your Constitutional Right.