In Pennsylvania, if you refuse to submit a sample of blood for testing without a search warrant after a lawful DUI arrest the commonwealth may introduce evidence of your refusal against you at trial pursuant to 75 Pa.C.S. Section 1547, commonly referred to as the Implied Consent Law. However, in Commonwealth v. Bell, 167 A.3d 744 (Pa. Super. Ct. 2017), allocatur granted April 5, the Pennsylvania Supreme Court is set to decide whether the use of this refusal as evidence should be deemed unconstitutional.

In Bell, officers conducted a traffic stop of the defendant’s vehicle for failure to have properly illuminated taillights. The officers noticed an odor of alcohol emanating from the defendant’s breath and his eyes were bloodshot and glossy. He admitted to recently consuming four beers, was unsteady on his feet, and failed to satisfactorily perform standardized field sobriety testing. Officers administered a preliminary breath test at the scene which revealed a blood alcohol concentration (BAC) of .127 percent. The defendant was placed under arrest for DUI and transported to the county DUI Processing Center located in the Williamsport Hospital for blood testing. After an officer read the DL-26 chemical testing warnings to the defendant he refused to submit a blood sample.