A Pennsylvania man who was convicted of DUI for refusing a warrantless blood test may not retroactively apply recent U.S. Supreme Court case law on that issue in order to appeal his driving suspensions, the Commonwealth Court has ruled.
In an Aug. 3 opinion in Fetherman v. Commonwealth of Pennsylvania, the court rejected Daniel Fetherman’s argument that he should be able to appeal his suspensions beyond the 30-day limit based on Birchfield v. North Dakota, a June 2016 U.S. Supreme Court decision. Because the license suspension is a civil sanction, the court said, he is not entitled to relief under the Post-Conviction Relief Act.
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