Can I beat a first time DUI? No warrant for my blood!

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.

Can I suppress a statement in juvenile court?

Q: Can I suppress a statement in juvenile court? When I first got arrested I was being tried as an adult and my miranda rights were violated when they questioned me and I incriminated myself.They ended up sending me to juvenile court because of a plea but looking at the evidence, I see I can beat this case because the only evidence against me is the statement.

A: The same constitutional rights that apply in adult court apply in juvenile court. Review the case with an attorney. If he or she feels it is advisable, he or she will file a suppression motion and challenge the legality of the statement you allegedly gave. If the statement is in fact the only evidence against you, you may have a Habeas Corpus defense or a cognizable suppression issue. Either, could conceivably lead to the case being dismissed or withdrawn.