Q: My blood was drawn with NO WARRANT on July 10th of this year. I got pulled over. They said I failed the FST’s but I know a didn’t and I have witnesses who were in the bar parking lot. They took me immediately to hospital where blood was drawn.
A: You are probably charged with two subsections of the DUI statute. One based on the officer’s observations-how you acted, smelled, spoke, looked, handled FST’s, etc. 3802 (a). The second subsections, 3802 (a) (1) and (b), would be based on the blood test results. Pennsylvania adopted Birchfield v. North Dakota under which the blood test results will be thrown out (suppressed) if there was no warrant used to seize the blood from the hospital by the police. However, if the arresting police department amended their informed consent form prior to your arrest to counter the effects of Birchfield, Birchfield may not apply. Even if you get a break with Birchfield, you still can be prosecuted on subsection (a). I would review your case with a lawyer.
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