Recently in Refusal Category

September 19, 2011

I Refused the Breathalyzer in a Pennsylvania DUI Case and the DUI Case Was Thrown Out, Will Penndot Still Suspend my License? Part II of II

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.

Continue reading "I Refused the Breathalyzer in a Pennsylvania DUI Case and the DUI Case Was Thrown Out, Will Penndot Still Suspend my License? Part II of II" »

September 16, 2011

I Refused the Breathalyzer in a Pennsylvania DUI Case and the DUI Case Was Thrown Out, Will Penndot Still Suspend my License? Part I of II

Answer: Unfortunately yes. If your Pennsylvania DUI is thrown out (aka - the charges were withdrawn or you were found not guilty) and the police officer sends the refusal paperwork to Penndot, Penndot will still suspend your license for refusing chemical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.

Continue reading "I Refused the Breathalyzer in a Pennsylvania DUI Case and the DUI Case Was Thrown Out, Will Penndot Still Suspend my License? Part I of II" »