The Superior Court of Pennsylvania recently upheld a Chester County man’s 12^th DUI conviction and sentence after he raised two appellate issues.

Anthony Caraballo, 58 of Toughkenamon, had his appeal denied and his sentence of 2 ¾ to 6 years in prison will stand.

Caraballo raised on appeal that 1) the evidence presented during trial was not sufficient to prove beyond a reasonable doubt that his inability to drive safely was caused by a drug or a combination of drugs and 2) the trial court erred in instructing the jury.

The defendant stated the evidence presented was sufficient to prove he was unable to safely drive, but insufficient in showing he was under the influence of a drug or combination of drugs that rendered him incapable of safe driving.

The Superior Court dismissed this first issue due, most importantly, to the defendant refusing a blood-draw test following his arrest.

“Where, as here, the finder of fact draws the reasonable inference that a defendant was conscious of his own guilt and hope to escape the culpability by refusing chemical testing, that refusal is legally sufficient evidence that the defendant was DUI,” the court wrote in its ruling.

The Superior Court dismissed Caraballo’s second claim that the trial court improperly charged the jury because he waived this issue by failing to object to the court’s charge during trial.

A Pennsylvania State Police Trooper observed Caraballo driving a red 2002 Dodge Ram 1500 south on State Route 472 and crossing the center and fog lines multiple times, nearly striking an oncoming vehicle around 6:32 a.m. on October 19, 2021.

The trooper ran the license plate which showed the owner had a suspended driver’s license, until October 8, 2081, related to previous DUIs.

The trooper conducted a traffic stop near the intersection of State Route 472 and Spruce Grove Road. Caraballo showed multiple indicators of impairment during the administration of field sobriety tests before being placed under arrest around 6:58 a.m.

Caraballo had 11 previous charges of driving under the influence beginning in 1990.

Assistant District Attorney Kyle Linardo prosecuted the case.

Pennsylvania State Police Trooper Anthony Stoltzfus filed charges.

MEDIA CONTACT: Sean McBryan, semcbryan@co.lancaster.pa.us; Twitter: @SeanMcBryanLanc.