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Super_C_Complex t1_j66php0 wrote

Reply to comment by SBRH33 in Mayor of Upper Darby booked on DUI charges after traffic stop by snuffy_tentpeg

Refusing a blood test no longer does. 4h amendment and all

Edit. https://en.m.wikipedia.org/wiki/Birchfield_v._North_Dakota

Since y'all want to down vote a lawyer who knows what the fuck they're talking about, I added a cite.

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SBRH33 t1_j671iwp wrote

4th amendment? Are you serious? If law enforcement have probable cause they can request a blood or chemical test for DUI.

My man. Stop misinforming people with this bullshit. Its PA State law.

DUI Refusals are considered highest tier offenses, punishable as follows:

> 1st Offense: Punishable by a mandatory minimum 72-hour jail sentence, maximum sentence of 6 months of incarceration, and a mandatory minimum $1,000 fine;

> 2nd Offense: Punishable by a mandatory minimum 90-day jail sentence, maximum sentence of 5 years of incarceration, and a mandatory minimum $1,500 fine;

> 3rd and Subsequent Offenses: Punishable by a mandatory minimum 1-year jail sentence, maximum sentence of 7 years of incarceration, and a mandatory minimum $2,500 fine;

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Super_C_Complex t1_j67bztm wrote

https://en.m.wikipedia.org/wiki/Birchfield_v._North_Dakota

Supreme Court said nah.

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SBRH33 t1_j6oxhe1 wrote

Lol! My man, Did you even bother to read the SCOTUS decision?

The case involves compulsory WARRANTLESS seizures of blood ...

When one is pulled over for suspected DUI and fails the roadside testing program and exhibits signs of intoxication etcetera, the officer, under probable cause, can make an arrest for suspect DUI. From there the officer can submit a warrant for a blood test, which an on call judge will sign off on based on the officers arrest affidavit, for the drivers blood to be tested at hospital for driving under the influence

Theres no wiggling out of it once a warrant has been issued for the blood. Now sometimes judges aren't available for warrant signatures. So the next step would be a calibrated breathalyzer machine, which most police departments own. Refusing a blood/ chemical test and or Breathalyzer is not an option without severe consequence attached.

> Intoxicated driving is a serious criminal charge. During a DUI investigation, an officer may request a blood sample. This is especially true when an alleged suspect refuses a breathalyzer test or a police officer believes the suspect is intoxicated by drugs. If you do not agree to it, a warrant may be issued, and at that time, a blood sample will be taken with or without your consent.

A lot of confusion surrounds what your rights and obligations are with respect to drunk driving and blood tests.

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SuggestAPhotoProject t1_j68e1ez wrote

I’m not a lawyer, but the state website seems to say otherwise.

https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=75&div=0&chpt=15&sctn=47&subsctn=0&mobile_choice=suppress

> If any person placed under arrest for a violation of section 3802 is requested to submit to chemical testing and refuses to do so, the testing shall not be conducted but upon notice by the police officer, the department shall suspend the operating privilege of the person as follows: (i) Except as set forth in subparagraph (ii), for a period of 12 months.

Again, I’m not a lawyer, or anything close to it, I’m just reading the statues on the website.

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Super_C_Complex t1_j68jbe6 wrote

You can lose your license but there won't be enhanced criminal penalties (aside from a license suspension which is considered civil)

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yankeeman9 t1_j6ajpdk wrote

Sorry, but you're wrong. My daughter was hit by a drunk last year, and he walked out of the hospital after refusing a blood test and breathalyzer. Didn't keep the fucker from pleading guilty to DUI, though. Of course, he got 30 days home confinement and 3 years probation. Fucking drunks.

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SBRH33 t1_j6okn76 wrote

Lol. You better go back to lawyer school.

The SCOTUS ruling pertains to WARRANTLESS seizures of blood for DUI which violate a persons 4th.

Police now need to simply secure a warrant for the blood test. That is all. You cant refuse once they secure the warrant.

During a DUI investigation, an officer may request a blood sample. This is especially true when an alleged suspect refuses a breathalyzer test or a police officer believes the suspect is intoxicated by drugs. If you do not agree to it, a warrant may be issued,and at that time, a blood sample will be taken with or without your consent.

You just cant refuse the blood test or the breathalyzer. It doesn't work like that.

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