One of the most powerful pieces of evidence that police and law enforcement can use in a DUI case against you is a breathalyzer or blood draw. In either case, if your blood alcohol content is above the legal limit, .08% in PA, you face criminal prosecution that could result in heavy fines, loss of your driver’s license and possibly jail time.
It is important for citizens to understand that they have a constitutional right to refuse either the blood or breath tests in PA. Such a refusal can still be used against you in a court of law but is often less effective in securing a conviction for DUI.
The issue has come up before concerning an unconscious driver. Can the police attempt to have the blood drawn from an unconscious driver whom they suspect of a DUI without obtaining a warrant first?
Answer, NO! The Superior Court has just ruled in Commonwealth v. Meyers that the police may not order a blood draw from an unconscious driver without a warrant. Citing the United States Supreme Court’s decision in Missouri v. McNeely, the Superior Court found that because an unconscious driver still has the right to refuse to a blood test, the police may not circumvent that right by ordering the test under a theory of exigent circumstances.
If you have been charged with a DUI in Pennsylvania or New Jersey it is crucial to have an experienced attorney who will fight and protect your rights. At Scarpello & LaTour, our attorneys are former Philadelphia prosecutors who bring over 30 years of combined experience into the courtroom. Keeping on top of all the latest changes in the law is vital to getting the outcome you deserve.
Call Scarpello & LaTour today at 215.732.0460 and receive a free consultation about your DUI, or any other criminal matter.