Q: Attorney Tully, I read your article about the Supreme Court decision in the Birchfield case. So in a license suspension refusal case the police must get a search warrant before drawing blood from you. How is Penn DOT viewing that case?
A: Penn Dot views the case as only applying to the DUI criminal aspect of a case. License suspensions are civil in nature. Thus they are unwilling to apply the Supreme Court’s reasoning to license suspension cases. The Courts are going to have to decide this issue. You should contact an attorney immediately if you have a license suspension issue. Thanks. Bernie