Pennsylvania applies Birchfield v. North Dakota

Ultimately, the Superior Court held that “since Birchfield held that a state may not ‘impose criminal penalties on the refusal to submit to [a warrantless blood] test,” the police officer’s advisory to [Evans] was partially inaccurate.’ Therefore, the Court held that it ‘must vacate the [Defendant’s] judgment of sentence, vacate the suppression court’s order, and remand the case to the trial court to ‘reevaluate [Evan’s] consent based on the totality of the circumstances.'”

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