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DUI LAW: Refusing to take a Blood, Breath or Urine Test in Pennsylvania

8/1/2016

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A common hypothetical often asked of criminal defense attorneys includes the following scenario. A driver is pulled over in the state of Pennsylvania. The officer, suspecting the driver may be under the influence of alcohol or drugs, requests the driver submit to chemical testing (be it blood, breath or urine). The driver refuses, believing this may be his or her best way to get out of the DUI under the mistaken belief that the law requires evidence of a chemical test to convict an individual for driving under the influence. So, what happens next?


Pennsylvania has a regulation, the “implied consent” law, which covers just this situation. The law states that the privilege of driving comes with it an understanding that you must submit to a blood, breath or urine test if asked by a law enforcement officer if he or she suspects you may be driving under the influence of alcohol or drugs. Your refusal to comply carries very significant risks. If you refuse, PennDOT (the Pennsylvania Department of Transportation) automatically suspends your operating privilege for one full year regardless if you’re later found innocent of the DUI charge. It’s important to recognize that this suspension will be in addition to any court ordered sanctions regarding license suspensions, meaning your total license suspension could span well over one year (potentially as high as almost three years). However, it must be emphasized that an officer has an affirmative duty to provide a motorist arrested on suspicion of driving under the influence with notice/warning that refusing to submit to chemical testing results in this one year suspension.


Now, the “implied consent” law is civil in nature and covers PennDOT’s authority to suspend your license for the year for refusing to submit to chemical testing. This is separate from what the Commonwealth of Pennsylvania will seek to demonstrate in your DUI case. A common misconception, as stated above, is that by refusing to take a blood, breath or urine test, the state can’t prove you were intoxicated. In reality, the prosecutor for the state will still have several different methods available to make his case. It should initially be noted that your refusal to take a chemical test to determine your blood alcohol content is admissible in court. The prosecutor can attempt to make the connection to the finder of fact that your refusal to take the test was based on your belief that you would be over the limit.


Additionally, the prosecutor’s objective is to show general impairment. Therefore, by calling the arresting officer to the stand to testify as to his observations about your ability to operate a vehicle, your general appearance, and your communications with the officer, the state prosecutor may still have very strong evidence of impairment based on that officer’s eyewitness testimony.


What is most alarming is the fact that, because the Court will have no basis to determine otherwise, if you are convicted for DUI after refusing to submit to chemical testing, you will be prosecuted under the presumption you were driving with the highest blood alcohol content.


If you’ve been arrested for driving under the influence of drugs or alcohol in Pennsylvania, the guidance of an attorney experienced in DUI defense is critical.The Criminal Defense Attorneys at Howland Hess O’Connell have extensive experience in assisting clients through these matters. If any of the above information applies to you, call for a free consultation at (215)-947-6240 or contact us online to schedule a meeting.


Legal Disclaimer: The contents of this website are intended solely for informational purposes. They neither constitute nor imply an official legal opinion on behalf of Howland, Hess, Guinan, Torpey, Cassidy and O’Connell nor do they establish an attorney-client relationship of any kind. Howland Hess O’Connell encourages all readers to seek and consult professional counsel before acting upon the information contained on this site.
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License Suspensions: Part Three of a Three Part Series

1/28/2016

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In Part One of our Three Part Series regarding License Suspensions, we introduced generally the topic of license suspensions and the most common causes for a suspended license. In Part Two of our Three Part Series, we discussed the issue of License Suspensions resulting from non-attentiveness. In today’s post, we discuss the issue of suspensions resulting from over-attentiveness (usually caused by a moral desire to obey the law and simply make the ticket or fine go away).
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Imagine the following, very real scenario: you receive a ticket and, being overly concerned about not being timely in your response, write a check and pay the fine immediately. In doing so, do you realize what you’ve done? You have just plead guilty to whatever violation is the basis of the ticket.



Did you know that many violations lead to additional penalties imposed by Penndot that are not mentioned on the ticket? Many people don’t. In addition, since local courts are not permitted to provide legal advice, many people who are trying to promptly respond to the ticket (to avoid a suspension, and follow the law) frequently find out after paying the fine that Penndot is suspending the license because of the nature of the violation.
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Be aware that pleading ‘guilty’ or being found ‘guilty’, means being “convicted“. Once convicted, Penndot can impose points and suspensions which can be more costly than the original fines.

The moral of this story and three-part series is simple: be attentive to any tickets you may receive but be cautious before pleading guilty to them. It is critically important to know what all the ramifications are prior to doing so.

NOTICE: If you’re license has been suspended or you’re facing the potential of a license suspension, the attorneys at Howland Hess O’Connell are available today to help you. Michael Cassidy is very experienced with the Motor Vehicle Code, Penndot’s schedule of penalties, and, most importantly the police officers and judicial system that handle these citations. Competent legal advice can save money (in fines, costs, and higher insurance premiums), and quite frequently, the loss of your driver’s license.

Legal Disclaimer
: The contents of this website are intended solely for informational purposes. They neither constitute nor imply an official legal opinion on behalf of Howland, Hess, Guinan, Torpey, Cassidy and O’Connell nor do they establish an attorney-client relationship of any kind. Howland Hess O’Connell encourages all readers to seek and consult professional counsel before acting upon the information contained on this site.

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The law office of Howland, Hess, Guinan, Torpey, Cassidy, O'Connell & Birnbaum, LLP is located in Huntingdon Valley, Southeastern Pennsylvania, and serves clients in Bucks County, Chester County, Delaware County, Montgomery County and Philadelphia County, including the towns of: Abington, Ambler, Blue Bell, Cheltenham, Conshohocken, Doylestown, Elkins Park, Glenside, Hatboro, Hilltown, Horsham, Huntingdon Valley, Jenkintown, King of Prussia, Lansdale Springfield, Montgomeryville, New Britain, Norristown, Plymouth Meeting, Upper Dublin, Upper Moreland, Warminster, Warrington and Willow Grove.

The attorneys at Howland, Hess, Guinan, Torpey, Cassidy, O'Connell & Birnbaum, LLP also serve clients throughout Southern New Jersey including Atlantic County, Burlington County, Camden County, Cape May County, Cumberland County, Gloucester County, and Salem County.

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David W. Birnbaum
Michael W. Cassidy
Thomas M. Guinan
Bruce D. Hess
John R. Howland
Dennis R. Meakim
George P. O'Connell
Richard I. Torpey
Remembering Robert G. Hess

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