R. Taylor v. PennDOT, Bureau of Driver Licensing
88 C.D. 2017
| Pa. Commw. Ct. | Sep 12, 2017Background
- At ~1:28 a.m. on I‑83, Trooper Koach stopped Robert Taylor for swerving and crossing the fog line; trooper observed signs of alcohol use and Taylor admitted drinking at a bar.
- Trooper administered three field sobriety tests; Taylor showed signs of impairment and refused a preliminary breath test.
- Trooper arrested Taylor, read the DL‑26 implied‑consent form three times (including warning of license suspension for refusing blood testing), and Taylor refused chemical testing.
- The Pennsylvania Department of Transportation (DOT/Bureau of Driver Licensing) issued a one‑year administrative suspension under 75 Pa. C.S. § 1547 for refusal to submit to chemical testing.
- Taylor appealed the suspension to the York County Court of Common Pleas; after a de novo hearing the trial court denied the appeal. Taylor appealed to the Commonwealth Court.
- The sole legal contention was that Birchfield v. North Dakota rendered unconstitutional the implied‑consent warning and barred civil license suspensions where a warrantless blood test was requested without exigent circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Birchfield invalidates a civil administrative license suspension for refusing a warrantless blood test absent exigent circumstances | Taylor: Birchfield protects refusal to a warrantless blood test from criminal penalties and, by extension, makes IMPLIED‑CONSENT warnings that threaten suspension unconstitutional so refusal cannot be used to suspend license | DOT: Birchfield expressly preserved implied‑consent civil penalties; administrative suspensions are civil and permissible under state statute when statutory elements are met | The court held Birchfield does not bar civil license suspensions; refusal can support administrative suspension under §1547 when statutory elements are proven |
Key Cases Cited
- Birchfield v. North Dakota, 136 S. Ct. 2160 (2016) (criminal penalties for refusing warrantless blood tests implicate the Fourth Amendment; opinion does not invalidate civil implied‑consent consequences)
- Boseman v. Dep’t of Transp., Bureau of Driver Licensing, 157 A.3d 10 (Pa. Cmwlth. 2017) (rejecting Birchfield‑based challenge to license suspension for refusal)
- Kollar v. Dep’t of Transp., Bureau of Driver Licensing, 7 A.3d 336 (Pa. Cmwlth. 2010) (elements DOT must establish to sustain a suspension under §1547)
- Dep’t of Transp., Bureau of Traffic Safety v. O’Connell, 555 A.2d 873 (Pa. 1989) (administrative license suspension proceedings are civil in nature)
- Bashore v. Dep’t of Transp., Bureau of Driver Licensing, 27 A.3d 272 (Pa. Cmwlth. 2011) (discussing civil nature and evidentiary consequences of implied‑consent law)