Continued from the September 16th blog....
Part II Question: How Can Your Office Beat a License Suspension for Refusing a DUI Chemical Test?
Answer: Here are 5 ways our office maybe able to beat your license suspension for refusing a DUI chemical test. This list is not exhaustive. Each case is different and you should have a Pennsylvania DUI lawyer evaluate your case.
1) Our office may be able to argue that the officer did not have reasonable grounds to believe you were operating the vehicle while under the influence. Officers are trained to write in their police reports boilerplate language such as "the suspect has slurred speech and bloodshot eyes." If this is the only evidence the officer had to prove his case, your civil license suspension case could be beat. Also, if you were required to perform the field sobriety tests on an uneven or rocky surface and the test results were not accurate this could also be grounds for a valid license suspension appeal.
2) The officer in your case must read "O'Connell warnings" which unequivocally tell you that your license will be suspended and you have no right to consult with an attorney prior to taking the breathalyzer test. If the officer uses the words "should" or "would" have your license suspended, this is inadequate and you should prevail in your license suspension appeal.
3) There must be a valid arrest in the officer's jurisdiction. If the officer is outside his jurisdiction or does not have you "officially" under arrest this would be grounds for you to prevail in a license suspension appeal. A valid arrest means you are in the officer's custody and control. The words "you are under arrest" are not required.
4) You have a medical condition that prevents you from taking a blood or breath test. For example, if you have a lung condition that prevents you from giving a sufficient breath sample in a breathalyzer this would not constitute a refusal
5) The police officer confused you and the refusal was not conscious or knowing. If the police officer confused you to the point where you did not know what was going on or didn't understand what you were refusing, this would be grounds for a license suspension appeal.
Contact Jason R. Antoine, Chester County DUI Lawyer if you need to appeal your DUI refusal to get your license back.
