Law enforcement cannot conduct a blood draw during a DUI arrest without a warrant or voluntary consent, according to a recent opinion by the U.S. Supreme Court.
DUI offenders previously charged with the highest level of impairment for contesting a blood draw may now potentially be charged and sentenced at the lowest level of impairment.
This is a major development, particularly because of mandatory sentencing laws. For instance, in Pennsylvania if you were charged with a second DUI at the highest level of impairment, you faced 90 days incarceration at the minimum. But charged at the lowest level of impairment, you face a minimum of five days incarceration.
To speak with a Pittsburgh DUI and criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.