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Can police badgering invalidate a blood draw?

Posted by Paul M. Aaroe, II | Aug 25, 2026 | 0 Comments

Saying no to a warrantless DUI blood test does not necessarily prevent police from asking again. A recent Pennsylvania case allowed a later blood draw where officers calmly explained that they could apply for a warrant and the driver then consented. But police cannot coerce consent simply by repeatedly pressuring or improperly threatening a driver after a refusal. 

On August 21, 2026, the Pennsylvania Superior Court decided Commonwealth v. Eugene Volansky, No. 2204 EDA 2025 (Pa. Super. Aug. 21, 2026), addressing an increasingly important issue: whether police can obtain valid consent to a warrantless DUI blood draw after the defendant has already unequivocally refused.

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Paul M. Aaroe, II

Why Paul Aaroe is considered the “go to” DUI Lawyer in the Lehigh Valley: **Experience and Expertise** With over 35 years of experience in DUI defense, Paul Aaroe has handled thousands of DUI cases. His deep understanding of DUI laws and his strategic approach to defense make him a formidable a...

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