PA: Birchfield doesn’t prevent evidence of refusal

“[W]e conclude the ‘evidentiary consequence’ provided by Section 1547(e) for refusing to submit to a warrantless blood test — the admission of that refusal at a subsequent trial for DUI — remains constitutionally permissible post-Birchfield. We therefore affirm the order of the Superior Court.” Commonwealth v. Bell, 2019 Pa. LEXIS 3842 (July 17, 2019).

The officer had reasonable suspicion defendant was driving and had warrants for him when the stop occurred. State v. Strong, 2019-Ohio-2888, 2019 Ohio App. LEXIS 2973 (4th Dist. July 9, 2019).*