Answer: Unfortunately yes. If your Pennsylvania DUI is thrown out or you are found not guilty and the police officer sends the refusal paperwork to Penndot, Penndot will still suspend your license for refusing chemical testing. Pennsylvania is an implied consent state. Per the Pennsylvania Motor Vehicle Code, any person that drives a car in PA, is deemed to have given consent to submit to a chemical test of their blood, breath or urine for the purpose of determining the presence of alcohol in their blood. If you refuse the breathalyzer, Penndot will suspend your license for a period of 1 year for a first offense DUI and 18 months for a second or subsequent DUI or refusal.
Question: This doesn't seem right, my DUI charges were thrown out but Penndot can still suspend my license. Is it possible to hire an attorney and beat this?
Yes. It is possible to beat a Pennsylvania license suspension for refusing to submit to DUI chemical testing. In order to contest the license suspension, you or your attorney must file an appeal in the Court of Common Pleas in the county where you were arrested for the DUI. The appeal must be filed within 30 days from the date the Penndot license suspension notice was mailed to you. Once you appeal, you will be given a hearing date before a Court of Common Pleas judge.
At this hearing, the attorney for Penndot has the burden of proving that 1) there was a valid arrest; 2) the officer had reasonable grounds to believe that you were operating the motor vehicle under the influence; 3) the officer requested that you submit to a chemical test; 4) you refused to take the test; 5) the officer warned you that your license would be suspended if you didn't take the test AND that you didn't have the right to consult with an attorney before taking the test.
To be continued...........
Contact Chester County DUI attorney, Jason R. Antoine for a free consultation if you lost your license as the result of a refusal.
