Refusing Warrantless Blood Draw in DUI Case Still Admissible Evidence at Trial

On July 17th, the Pennsylvania Supreme Court affirmed the Superior Court holding that prosecutors could use a Driving Under the Influence (DUI) suspect’s refusal of a warrantless blood draw as evidence against him at trial. In Commonwealth v. Bell, the defendant was suspected of drunk driving and when transported to the Lycoming County DUI Center, he refused a warrantless blood draw to check his blood alcohol.

Bell argued his case was controlled by Birchfield v. North Dakota. In Birchfield, the United States Supreme Court held DUI suspects have a Fourth Amendment right to refuse warrantless blood testing. However, Section 1547(e) of the Pennsylvania Vehicle Code, 75 Pa.C.S. §1547(e), allows the Commonwealth to introduce evidence at a trial for DUI that a defendant refused to submit to chemical testing. Implied consent laws allow chemical testing of drivers as the use of roadways is a privilege.

The Pennsylvania Supreme Court agreed with the Vermont Supreme Court which decided a similar issue in 2018 in State v. Rajda. The Vermont court reasoned:

“the admission of evidence of a refusal to submit to a blood draw is a qualitatively different consequence with respect to its burden on the Fourth Amendment. Criminalizing refusal places far more pressure on defendants to submit to the blood test —thereby impermissibly burdening the constitutionally protected right not to submit to the test — than merely allowing evidence of the refusal at a criminal DUI trial, where a defendant can explain the basis for the refusal and the jury can consider the defendant’s explanation for doing so.”

The Pennsylvania court makes a distinction between criminalizing refusal and only evidentiary penalties. The court ultimatley concludes, “the ‘evidentiary consequence’ provided by Section 1547(e) for refusing to submit to a warrantless blood test — the admission of that refusal at a subsequent trial for DUI — remains constitutionally permissible post-Birchfield.”

In sum, if you are suspected of a DUI, you still have a right to refuse a warrantless blood draw, but this refusal may be used against you at trial. Contact us today to discuss the impact Bell will have on your case.