Excellence & Experience When It Matters Most

Supreme Court ruling could impact DUI cases in Pennsylvania

By Benari Law Group, posted in Drunk Driving on March 30, 2016

Because of the potential consequences of drunk driving, many people in Pennsylvania forget that those accused or suspected of a crime have certain rights protected by the Constitution. One of those rights is protection from unreasonable searches and seizures provided by the Fourth Amendment. The U.S. Supreme Court has recently ruled that blood tests administered to DUI suspects without a warrant are a violation of this right.

The ruling involved three different appeals in out-of-state cases. All three involved individuals who were threatened with fines if they refused testing to determine whether they were under the influence of alcohol. Two of the cases involved a blood test, and the other involved a breath test. All three suspects refused the tests, which police still conducted, and faced additional charges as a result of their refusal.

Each individual argued that the criminal charges following such a refusal was a violation of their Fourth Amendment rights. While the state supreme courts ruled against them, the U.S. Supreme Court said that authorities need a warrant to conduct a blood test. Because a breath test is less invasive, no warrant is needed. While Pennsylvania does not have separate laws for declining a test, officials must still determine how their treatment of suspected drunk driving cases will be impacted by the ruling.

Because DUI accusations carry such a stigma, many people seem to forget that the Constitution provides protections for those accused or suspected of a crime. As a result, a person facing criminal charges in Pennsylvania may need to take steps to ensure he or she is treated lawfully throughout criminal proceedings. For example, an experienced defense attorney is trained to recognize a violation of a person’s rights and to take appropriate action.

BACK TO TOP

Testimonials

Reviews
Benari Law Group
5/5 stars based on 5 customer reviews

The Best.
Great guy very confident in his work. Does exactly what he says he’s gonna do. Highly recommend him for help. He helped me out of a misunderstanding.
Reviews
Benari Law Group
5/5 stars based on 5 customer reviews

Great firm.
Had a pretty good experience with this firm! In such short time they were able to piece everything together and help me fight my PFA in a matter of 3 days. You get to speak directly with either attorney which is always great! I would def recommend! Great firm 👍🏽👍🏽👍🏽
Reviews
Benari Law Group
5/5 stars based on 5 customer reviews

I highly recommend the Benari Law Group!
Arik Benari and his law firm have provided me with excellent service! I immediately had the confidence they we would be able to win my case as soon as I met with him and his staff due to the tremendous amount of experience they have working on cases over the years. Everyone there took their time meeting with me and are very professional, cared about my case. I highly recommend the Benari Law Group!
Reviews
Benari Law Group
5/5 stars based on 5 customer reviews

Fantastic Lawyer!
Would definitely recommend to anyone seeking prompt, professional legal assistance! Arik Benari is a fantastic lawyer!
Reviews
Benari Law Group
5/5 stars based on 5 customer reviews

Thank you.
To anyone reading this review, Benari Law Group should be your only choice! I was facing potentially career-ending issues. If I had chosen any other attorney, my personal and professional life would be in ruins. Thank you for the magic, Arik. You saved me and my family from a tremendous amount of financial destruction and personal anguish.
Reviews
Benari Law Group
5/5 stars based on 5 customer reviews

Life savers.
Arik Benari and the Benari Law Firm are life savers from my standpoint. They fought for me when I was in a position to lose my ability to support my family over a frivolous situation that occurred some 25 years ago. They worked expeditiously, and were very sensitive to my financial situation. I would recommend them highly to family and friends.