186 A.3d 440
Pa. Super. Ct.2018Background
- Lisa Gay Robertson was arrested twice in 2016 on DUI suspicion and taken to a hospital where officers read and she signed PennDOT Form DL-26B and consented to blood draws; BACs were .386 and .411.
- DL-26B (adopted by PennDOT shortly after Birchfield) omitted language that refusal to submit to a warrantless blood test would lead to enhanced criminal penalties, but warned of civil license suspensions.
- The trial court suppressed the blood-test results, reasoning DL-26B was an improper amendment of statutorily mandated warnings and that Robertson was presumed to know the old statutory warning, rendering consent involuntary.
- The Commonwealth appealed interlocutorily; the Superior Court reviewed whether PennDOT could lawfully adopt DL-26B pre-Act 30 and whether Robertson’s consents were voluntary under the totality of circumstances.
- The Superior Court reversed, holding PennDOT permissibly revised DL-26 to comply with Birchfield, and that under the totality of circumstances Robertson’s consents were voluntary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PennDOT had authority to revise DL-26 before Act 30 | Commonwealth: PennDOT’s DL-26B was a permissible administrative modification to comply with constitutional law | Robertson: PennDOT lacked authority; statutory §1547(b)(2)(ii) mandated warning about enhanced criminal penalties | Court: PennDOT permissibly amended DL-26 to conform to Birchfield; Garlick persuasive; amendment valid pre-Act 30 |
| Whether consents to blood draws were voluntary | Commonwealth: Totality of circumstances shows voluntary consent; DL-26B warnings lawful and adequate | Robertson: Omission of statutory penalty and presumed knowledge of old statute made consent involuntary/coerced | Court: Consent voluntary under totality (custody weighed against but no coercion, advised of right to refuse, cooperated); suppression reversed |
Key Cases Cited
- Birchfield v. North Dakota, 136 S. Ct. 2160 (U.S. 2016) (warrantless blood-test refusals cannot be criminally punished under the Fourth Amendment)
- Commonwealth v. Evans, 153 A.3d 323 (Pa. Super. 2016) (inaccurate DL-26 warnings about criminal penalties must be considered when assessing voluntariness)
- Commonwealth v. Giron, 155 A.3d 635 (Pa. Super. 2017) (imposing enhanced criminal penalties for blood-test refusal was an illegal sentence post-Birchfield)
- Garlick v. Commonwealth, Dep’t of Transp., Bureau of Driver Licensing, 176 A.3d 1030 (Pa. Cmwlth. 2018) (PennDOT permissibly revised DL-26 to remove unconstitutional warning; administrative amendment justified)
- Commonwealth v. Gillespie, 821 A.2d 1221 (Pa. 2003) (factors for voluntariness of consent: custody, coercion, knowledge of right to refuse, education, belief about incriminating evidence, cooperation)
- Commonwealth v. Smith, 77 A.3d 562 (Pa. 2013) (no affirmative duty for police to give expanded warnings beyond established requirements)
- Commonwealth v. Baldwin, 789 A.2d 728 (Pa. Super. 2001) (individuals are presumed to know new constitutional case law for procedural deadlines)