Commonwealth v. Gaston

In Commonwealth v. Gaston, the defendant’s DUI prosecution was in the pretrial stage when the U.S. Supreme Court issued its opinion in Birchfield v. North Dakota. The defendant moved to suppress his blood draw based on Birchfield, but the Superior Court held that the evidence need not be suppressed because the defendant consented to the blood draw prior to the state trooper warning the defendant of the heightened criminal penalties if he refused.

Gaston