Duquesne Law Review


The Pennsylvania Supreme Court has held that an individual charged with driving under the influence of alcohol or controlled substances, and/or with driving with a blood alcohol level in excess of .10%, has a statutory right to refuse chemical testing of the blood for the presence of alcohol or controlled substances and that test results obtained in contravention of the right to refuse are inadmissible into evidence at trial on the charges.

Commonwealth v Eisenhart, ___ Pa ___, 611 A2d 681 (1992).

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