Ah, ba ba ba ba Barbara Ann

Ba ba ba ba Barbara Ann

>The officer placed her into custody and took her to the Upper Chichester Police Department where she allegedly refused a blood test and also refused to be photographed and fingerprinted. Police say she was not belligerent.

Is that a thing? If I’m arrested, can I refuse a mugshot and fingerprinting?

Uh...no?

Welp all those things land you in the highest tier for DUI.

> Is that a thing? If I’m arrested, can I refuse a mugshot and fingerprinting?

I mean, you can. But there will be further repercussions, like contempt of court. It's state law that you have to be fingerprinted in 48 hours of being arrested for most offenses.

https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=91&sctn=12&subsctn=0

Why is alcohol sacred? I bring this up due to opioid issues. I had one hell of a time getting any actual painkillers for a torn tendon. Took over two years to diagnose, ortho surgeon literally said to me "I need you to suffer for me to find it". Not true as the other surgeon who actually found the torn tendon, gave me relief. The pain industry has been messed up with addition issues. As sad as it is to have people addicted, it's a small percentage. An even larger percentage continue driving drunk, killing people or themselves in the process, sexual consent issues, the list goes on. So why have we not gotten rid of Alcohol? Why is it so sacred? Why do I get weird looks and questions when I tell people I don't drink? It's a personal thing, I just never acquired the taste and I cannot stand the affects of it.

Somehow, I doubt she’s going to face any additional repercussions.

Calm down

What? I've had DUI and have gotten finger prints way after 48 hours. I wasn't even charged for over a month. She refused the blood test so that should be an automatic DUI tho right?

I'm with you. I don't drink and don't enjoy it but does that mean that people who do shouldn't be able to? Also coming from a pill addiction, I'm pretty sure there's more ppl hooked than you think.

Nah this is 100% true

Agree. People are like “oh thank god there’ll be alcohol at this event where I don’t know anybody” Grow up? Embrace the awkward and get better at small talk then.

Uber is a thing, or you’re the mayor have a staffer drive you home.

Refusing a blood test no longer does. 4h amendment and all

Edit. https://en.m.wikipedia.org/wiki/Birchfield_v._North_Dakota

Since y'all want to down vote a lawyer who knows what the fuck they're talking about, I added a cite.

> the mayor could be forced to resign if the council finds moral turpitude, which is defined as an act that gravely violates the sentiment of the accepted standards of the community

If I know anything about Upper Darby, accepted community standards are much lower than a little minor DUI.

4th amendment? Are you serious? If law enforcement have probable cause they can request a blood or chemical test for DUI.

My man. Stop misinforming people with this bullshit. Its PA State law.

• https://www.zuckermanfirm.com/dui-refusal

DUI Refusals are considered highest tier offenses, punishable as follows:

> 1st Offense: Punishable by a mandatory minimum 72-hour jail sentence, maximum sentence of 6 months of incarceration, and a mandatory minimum $1,000 fine;

> 2nd Offense: Punishable by a mandatory minimum 90-day jail sentence, maximum sentence of 5 years of incarceration, and a mandatory minimum $1,500 fine;

> 3rd and Subsequent Offenses: Punishable by a mandatory minimum 1-year jail sentence, maximum sentence of 7 years of incarceration, and a mandatory minimum $2,500 fine;

You may be surprised to learn that 103 years ago, we did get rid of alcohol. Things didn't get better.

https://en.m.wikipedia.org/wiki/Birchfield_v._North_Dakota

Supreme Court said nah.

I’m not a lawyer, but the state website seems to say otherwise.

https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=75&div=0&chpt=15&sctn=47&subsctn=0&mobile_choice=suppress

> If any person placed under arrest for a violation of section 3802 is requested to submit to chemical testing and refuses to do so, the testing shall not be conducted but upon notice by the police officer, the department shall suspend the operating privilege of the person as follows: (i) Except as set forth in subparagraph (ii), for a period of 12 months.

Again, I’m not a lawyer, or anything close to it, I’m just reading the statues on the website.

You can lose your license but there won't be enhanced criminal penalties (aside from a license suspension which is considered civil)

She looks like a rum pot.

No

Upper Darby? I barely know her!!

Sorry, but you're wrong. My daughter was hit by a drunk last year, and he walked out of the hospital after refusing a blood test and breathalyzer. Didn't keep the fucker from pleading guilty to DUI, though. Of course, he got 30 days home confinement and 3 years probation. Fucking drunks.

I work in law enforcement and am very familiar with DUI case law. You are correct. Refusing breath can still put you in the highest tier, but blood will not. If you refuse a search warrant for blood, then the grading does get bumped up again.

Here is a good grading chart that appears to be up to date: https://www.mcandrewslegal.com/wp-content/uploads/2022/10/dui-penalties-in-2022-version-2.jpeg

Lol. You better go back to lawyer school.

The SCOTUS ruling pertains to WARRANTLESS seizures of blood for DUI which violate a persons 4th.

Police now need to simply secure a warrant for the blood test. That is all. You cant refuse once they secure the warrant.

During a DUI investigation, an officer may request a blood sample. This is especially true when an alleged suspect refuses a breathalyzer test or a police officer believes the suspect is intoxicated by drugs. If you do not agree to it, a warrant may be issued,and at that time, a blood sample will be taken with or without your consent.

You just cant refuse the blood test or the breathalyzer. It doesn't work like that.

Lol! My man, Did you even bother to read the SCOTUS decision?

The case involves compulsory WARRANTLESS seizures of blood ...

When one is pulled over for suspected DUI and fails the roadside testing program and exhibits signs of intoxication etcetera, the officer, under probable cause, can make an arrest for suspect DUI. From there the officer can submit a warrant for a blood test, which an on call judge will sign off on based on the officers arrest affidavit, for the drivers blood to be tested at hospital for driving under the influence

Theres no wiggling out of it once a warrant has been issued for the blood. Now sometimes judges aren't available for warrant signatures. So the next step would be a calibrated breathalyzer machine, which most police departments own. Refusing a blood/ chemical test and or Breathalyzer is not an option without severe consequence attached.

> Intoxicated driving is a serious criminal charge. During a DUI investigation, an officer may request a blood sample. This is especially true when an alleged suspect refuses a breathalyzer test or a police officer believes the suspect is intoxicated by drugs. If you do not agree to it, a warrant may be issued, and at that time, a blood sample will be taken with or without your consent.

A lot of confusion surrounds what your rights and obligations are with respect to drunk driving and blood tests.