The U.S. Supreme Court in Birchfield v. North Dakota recently declared warrantless blood draws made during DUI arrests unconstitutional. The Court reasoned that a blood draw poses substantial privacy concerns because a blood test reveals more about a person than simply blood alcohol levels.

However, because of the less intrusive nature of breath tests, warrantless breathalyzer tests are still permissible.

Prior to Birchfield, defendants who refused blood testing were regarded as having the highest level of impairment and faced the most severe penalties associated with a DUI offense. But now DUI offenders who previously refused blood testing may now be charged and sentenced as having the lowest level of impairment.

To speak with a Pittsburgh DUI and criminal defense lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.