Refusing A Blood Draw After Issuance of Warrant Can Lead to Obstruction Charges
Posted in DUI on August 10, 2025
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:
DUI (75 Pa.C.S. § 3802(a)(1))
Obstructing administration of law (18 Pa.C.S. § 5101)
Traffic violations for speeding and no headlights
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:
He didn’t know that refusing the blood draw after a warrant could result in obstruction charges.
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:
Ignorance of the law is not a defense — Police don’t have to warn you about every potential charge.
Refusal equals interference — Blocking a court-ordered blood draw is “physical interference” under 18 Pa.C.S. § 5101.
Birchfield v. North Dakota didn’t apply — That case barred warrantless blood draws without consent. Here, police had a valid warrant, and Palchanes did not challenge it.
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
If police obtain a search warrant for a blood test, refusing can result in obstruction of justice charges.
Even if you beat a DUI charge, you can still face separate criminal penalties for interfering with a lawful investigation.
Birchfield protections only apply to warrantless blood draws, not to court-authorized ones.
- If the driver is convicted of DUI, the person is subject to increased mandatory minimums for jail time, fine, and license suspension
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.