Refusing A Blood Draw After Issuance of Warrant Can Lead to Obstruction Charges

In Commonwealth v. Palchanes (2019 PA Super 351), the Pennsylvania Superior Court affirmed a conviction for obstructing the administration of law after a driver refused to comply with a valid search warrant for a blood draw. This case is a clear warning that refusing a blood test after police obtain a warrant can lead to criminal charges for obstruction—even if you are found not guilty of DUI.

Case Overview

On March 3, 2018, Hellertown Police stopped Palchanes for speeding. The officer suspected DUI after observing signs of intoxication and transported him to a DUI processing center. Palchanes refused a voluntary blood draw. Police then obtained a search warrant for his blood and presented it to him. Despite the warrant, Palchanes refused again.

He was charged with:

At trial, the jury acquitted him of DUI but convicted him of obstruction. He was sentenced to 4 to 23 months in prison and fined for the traffic offenses.

The Legal Issue

On appeal, Palchanes claimed:

  1. He didn’t know that refusing the blood draw after a warrant could result in obstruction charges.

  2. The DL-26 form read to him only mentioned license suspension and restoration fees—not criminal penalties.

Superior Court’s Ruling

The Superior Court rejected these arguments and upheld the conviction, explaining:

The court also noted that Pennsylvania law allows criminal penalties for refusing to comply with a search warrant, and other states have similar laws.

Key Takeaways for Pennsylvania Drivers

Why This Case Matters

For anyone facing DUI charges in Pennsylvania, understanding the difference between implied consent refusal penalties and criminal obstruction charges is critical. If you are asked to comply with a court-ordered search warrant, refusing could expose you to serious misdemeanor charges with possible jail time.

If you’ve been charged with obstructing the administration of law or DUI in Pennsylvania, speak with an experienced criminal defense attorney immediately to protect your rights. For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.