Pennsylvania's implied consent law is a civil penalty applied by the Pennsylvania Department of Transportation that requires all motorists to submit to a chemical test of your breath, blood or urine if you are arrested for DUI. It is the duty of the police officer to provide you a simple warning that your operating privilege will be suspended upon refusal to submit to chemical testing.
Chemical testing can come in the form of a breath test, urine sample or through blood testing. Refusal to submit to these tests after you have been arrested for DUI in Pennsylvania can be punished by a one-year driver's license and up to three days in prison. For this reason my office recommends to clients that they do no refuse to submit to these tests.
The refusal to submit to chemical testing should not be confused with a motorist's ability to refuse to submit to a Portable Breath Test (PBT). It is a common misconception that the results of the PBT that is administered on the side of the road are what you will be charged with, however, police use this test to confirm their suspicions and to decide whether to make an arrest for DUI. Once a person has been arrested they will be transported either to the local police station or hospital for a more accurate test of their blood, breath or urine. There is no penalty associated with refusing to submit to a PBT. In fact, my office recommends that clients politely refuse to submit to this test .
If you have refused to submit to chemical testing (a blood test or Intoxilizer) following your DUI arrest it may be possible to challenge your refusal. If you are able to prove that the refusal was not knowing or conscious, that you were physically unable to take the test or that the police incorrectly administered the test, a successful challenge to a license suspension is likely.
If you have been arrested for DUI in PA contact Jason R. Antoine for quality DUI representation.
