Prosecutors in Pennsylvania may continue to introduce evidence of a DUI suspect’s refusal to provide a warrantless blood sample. In Commonwealth v. Bell, (No. 11 MAP 2018), a 5-2 decision, the Pennsylvania Supreme Court held that introducing such refusal evidence against a DUI defendant at trial does not violate the Fourth Amendment right to be free from unreasonable searches.

Thomas Bell was arrested on suspicion of DUI on May 16, 2015, and transported to the Lycoming County DUI Center for blood testing. A detective read the DL-26 chemical testing warnings to Bell and he refused to submit a blood sample. He was charged with DUI—General Impairment, 75 Pa.C.S. Section 3802(a)(1), along with a summary traffic offense for failing to use required lighting.