Q: fines voided DUI expunged for refusing blood test (automatic DUI) Later PA passed law making legal to refuse blood tests

A: Please note that this response is for informational purposes only and does not constitute legal advice.

In Pennsylvania, the ability to expunge a DUI conviction and void associated fines and costs is limited and depends on specific circumstances. Here's an overview of the law as I believe it pertains to your sitaution.

Changes in the law:

The U.S. Supreme Court's decision in Birchfield v. North Dakota held that warrantless blood tests are unconstitutional and that states cannot impose enhanced criminal penalties for refusing such tests. Following this decision, Pennsylvania courts have addressed whether this ruling applies retroactively. In some cases, courts have recognized that enhanced penalties imposed for refusing warrantless blood tests may be unconstitutional.

However, this does not automatically void convictions or associated penalties. Individuals affected by such penalties would generally need to seek relief through the courts, often by filing a Post Conviction Relief Act (PCRA) petition. Success in such petitions depends on the specifics of the case, the nature of the penalties imposed, and adherence to filing deadlines.

Expungement:

Expunging a DUI conviction in Pennsylvania is generally limited to specific scenarios, such as successfully completing the Accelerated Rehabilitative Disposition (ARD) program, which is typically available for first-time offenders.

Alternatively, if you are at least 70 years old and remained arrest-free for 10 years following the completion of the sentence you may be eligible.

In most cases, DUI convictions that do not fall into these categories cannot be expunged.

Voiding Fines and Costs:

If your DUI conviction involved enhanced penalties due to refusal of a blood test, and those penalties are now deemed unconstitutional under Birchfield, there may be grounds to challenge the fines and costs imposed. This would likely require legal action, such as filing a PCRA petition, to seek modification of the sentence. The success of such challenges depends on the specific details of your case and compliance with procedural requirements.

An experienced DUI attorney in Pennsylvania can help evaluate your specific case and provide guidance on potential remedies. One thing to keep in mind is that you'll beed to pay close attention to deadlines for filing petitions or appeals, as missing these can limit your options for relief.