Birchfield is not applicable to civil license suspension appeal.
The Fourth Amendment does not permit a warrantless blood draw incident to a drunk driving offense
There are three crimes that fall under the heading of DUI.
There is probable cause to arrest driver for DUI when officer detects strong odor of marijuana emanating from vehicle
The PA Supreme Court recently held that Article 1, Section 8, relating to searches and seizures, does not place a duty upon an officer to advise a defendant involved in a crash that their blood test may be used for a criminal investigation against them.
A lab chemist that tests both a substance to determine if it's a narcotic or one that tests a blood sample for a DUI has to testify at trial.
The absorption rate of alcohol into the blood stream depends on many factors, those factors may be the difference in a higher or lower blood alcohol content ("BAC") percentage.
Second offense DUI with a refusal to take BAC is properly graded as an ungraded misdemeanor and not a first degree misdemeanor.
Only testing on whole blood is sufficient to sustain a DUI conviction.
Field Sobriety Tests are a standard set of "objective tests" designed to assist an officer in determining if a motorist is incapable of safe driving.