This was a DUI case where our client refused to submit to a blood draw after having been stopped for suspicion of Driving Under the Influence of alcohol. The client was convicted of DUI, and was subjected to enhanced penalties for her refusal to submit to the blood draw. These penalties included a period of incarceration and fines. On appeal we argued that, based on recent United States Supreme Court precedent, the enhanced penalties were unconstitutional because our client’s refusal to have her blood drawn was actually an exercise of her constitutional rights. The Superior Court agreed, and vacated our client’s sentence such that no period of incarceration would be permitted.
