Like all 50 states, Pennsylvania is an “Implied Consent” law state. That means that in exchange for the privilege of driving in the Commonwealth, drivers agree to be subjected to chemical testing for the purpose of determining whether and how much alcohol or drugs are in their blood any time they are suspected of operating a vehicle while impaired.
Because the “implication” is that drivers consent, if you are stopped by police who have probable cause that you were driving under the influence, you will be heavily penalized if you refuse to submit to chemical testing upon request. Chemical Tests refer to a blood, urine or breath test administered at the station or medical facility. “Breath test” for the purpose of chemical testing does not refer to the small, hand-held breath testing device used in the field.
Most people will submit to these tests when police tell them to do so. However, when a driver knows she/he is still intoxicated, the strategy to “refuse” may surface because the blood alcohol content (BAC) analysis will likely result in damaging evidence and a conviction for DUI. While the law does not force or mandate the tests upon people, it does enhance criminal charges and increase penalties upon conviction for refusing.
Every DUI is unique, but refusing a BAC chemical test is rarely ever in someone’s best interests. If you do refuse a BAC test, you can pay heavily for it.
What most drivers do not realize, however, is that by the time a chemical BAC test is requested, the right to refusal has already lost much of its best powers. That is because under PA law, every driver has the right to refuse all Field Sobriety Testing, without consequence. This includes the right to refuse without consequence to take the breath test at the roadside.
If you or a loved one have been arrested for DUI in Allegheny, Cambria County or surrounding counties, your first and best line of defense is through a highly qualified and experienced DUI defense attorney. State and local police in Pennsylvania are very intimidating, and will frequently make discouraging statements to those suspected and accused of drunk driving.
The reality is that a DUI can be successfully defended against . Whether you refused SFSTs or chemical testing or not; a trained defense lawyer can look for holes and mistakes in the criminal processing of your arrest. The penalties for a conviction are severe, and the effects can be long-lasting. Merely accepting the fates that be, or what an officer tells you about your fate, is a costly mistake and a great disservice to your rights under the law.
You owe it to yourself or your loved one to fight with everything you can to protect your rights and your future. Call us now for a free initial consultation.
Tibbott & Richardson
1040 Fifth Avenue, Fourth Floor
Pittsburgh, PA 15219
(412) 444-7171
