DUI • Motion to Suppress Results of Blood Alcohol Test • Threat of Enhanced Penalties for Refusal of Implied Consent • Voluntariness of Consent
Commonwealth v. Evans, PICS Case No. 17-0006 (Pa. Super. Dec. 20, 2016) Olson, J. (18 pages).
A DUI offender’s consent to an alcohol blood test was involuntary where officers informed offender that he would be subject to enhanced criminal penalties for refusal to submit to blood testing, in violation of the prohibition of criminal penalties based solely on the refusal to submit to blood testing. Judgment of sentence vacated, case remanded.
