The Pennsylvania Supreme Court has granted allocatur in a DUI case to tackle one seemingly straightforward question: “Should Birchfield v. North Dakota apply to all cases not yet final when the decision was rendered?”

The justices agreed to take up the case in a one-page order issued July 24 in Commonwealth v. Hays. The court is now set to decide whether DUI defendants are entitled to relief under the U.S. Supreme Court’s 2016 decision in Birchfield, which barred criminal penalties for refusing to submit to a warrantless blood draw, even if they previously failed to challenge the blood draw, so long as their cases were still ongoing at the time Birchfield came down.

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