The Pennsylvania Superior Court has ruled in a published opinion that enhanced penalties applied in cases where defendants refused DUI testing can’t be retroactively undone by the U.S. Supreme Court’s decision in Birchfield v. North Dakota.
A three-judge panel consisting of Judges Judith Ference Olson, Alice Beck Dubow and Correale F. Stevens upheld the dismissal of defendant Jeffrey Olson’s Post-Conviction Relief Act appeal in which he claimed his sentencing of one-and-a-half to five years of imprisonment was unconstitutional under Birchfield.
