Court Upholds Ban on Warrantless Blood Draws in DUIs
The standard used for administering blood tests to suspected drunken drivers is the same one that should be applied to those suspected of being impaired by drugs, the Pennsylvania Superior Court said, ruling that blood can't be taken without a warrant or consent.
July 12, 2017 at 03:34 PM
5 minute read
The standard used for administering blood tests to suspected drunken drivers is the same one that should be applied to those suspected of being impaired by drugs, the Pennsylvania Superior Court said, ruling that blood can't be taken without a warrant or consent.
A three-judge panel in Commonwealth v. Ennels held that the U.S. Supreme Court's ruling in Birchfield v. North Dakota applied in the case of a Reading man who was stopped after allegedly leaving the scene of an accident.
Berks County prosecutors appealed a lower court ruling suppressing the results of John Ennels' warrantless blood test, which was taken after he was brought in by Reading police. They claimed the Supreme Court's holding in Birchfield didn't apply for drug-related DUIs.
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