One issue that comes up in DUI cases concerns the admissibility of PBT tests. Generally speaking, in DUI cases the results of a PBT test are not admissible. However, sometimes the PBT test might help the defense. In those instances, is the PBT admissible under Pennsylvania law? Defending DUI casesThe portion of the Vehicle Code dealing with chemical testing to determine the alcoholic content of blood provides in pertinent part:
There has been a drastic change under Pennsylvania DUI law as a result of the Birchfield ruling and the implications on implied consent. This blog will address DUI implied consent law after Birchfield. Recently, the United States Supreme Court decided a Fourth Amendment case concerning refusal of blood testing after being pulled over for DUI. Birchfield v. North Dakota, 579 U.S. ____ (2016), DUI what's at stake? holds the government may not criminalize a driver's refusal to submit to a blood test without a warrant. The government still can criminalize a driver's refusal to provide a breath sample without a warrant if the officer has reasonable suspicion to believe a driver is under the influence.