Commonwealth v. Carley, J., Pet

165 A.3d 879, 2017 Pa. LEXIS 96

Opinion

ORDER

PER CURIAM

AND NOW, this 18th day of January, 2017, the Petition for Allowance of Appeal is hereby GRANTED, LIMITED TO the following issue as framed by Petitioner:

When a defendant, following an arrest for DUI, refuses to provide blood for the purposes of chemical testing, is enhanced criminal punishment under 75 Pa.C.S. § 3803(b)(4) and 75 Pa.C.S. § 3804(c) constitutional, when such refusal constitutes the right to refuse a warrantless search, such right provided by the Fourth Amendment to the Constitution of the United States of America?

The Petition is otherwise DENIED. The order of the Superior Court affirming Petitioner’s judgment of sentence is VACATED, and the ease is REMANDED to the Superior Court for further consideration in light of Birchfield v. North Dakota, 136 S.Ct. 2160 (2016). Jurisdiction relinquished.