The imposition of enhanced penalties for refusing to submit to warrantless chemical blood testing on suspicion of DUI was illegal for violating the 4th Amendment prohibition against unreasonable searches and seizures. Judgment of sentence vacated, case remanded for resentencing.
February 10, 2017 at 12:00 AM
1 minute read
DUI • Refusal to Consent to Chemical Blood Test • Imposition of Enhanced Penalties
Commonwealth v. Giron, PICS Case No. 17-0150 (Pa. Super. Jan. 31, 2017) Olson, J. (11 pages).
The imposition of enhanced penalties for refusing to submit to warrantless chemical blood testing on suspicion of DUI was illegal for violating the 4th Amendment prohibition against unreasonable searches and seizures. Judgment of sentence vacated, case remanded for resentencing.
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