How Does Pennsylvania Define The Charge Of DUI?
DUI is an abbreviation for Driving Under the Influence. Typically, it refers to the influence of alcohol, but there are DUI charges for controlled substances such as marijuana, illegal drugs, and prescription drugs. Just because you can legally obtain a drug, does not mean that you can drive while under its influence.
At What Point During A DUI Arrest Is The Accused Asked To Provide A Breath Or Blood Sample?
During a DUI investigation, the police will typically ask for a roadside sobriety test. The officer will ask you to get out of the vehicle and breathe into the breathalyzer. This is not the official breathalyzer test; it is used only as a way to obtain probable cause to justify an arrest. After you are arrested, you will have the option to take the official breathalyzer test or blood test. If you do not take the official breathalyzer test, then your license will automatically be suspended as a civil penalty under Pennsylvania’s implied consent law.
What Is The Implied Consent Law In Pennsylvania And How Does It Relate To A DUI Arrest?
The implied consent law is part of the privilege of driving in Pennsylvania. It means that in the event of a stop by police, you have given implied consent to a DUI test, such as a breathalyzer or a blood draw. If you do not consent to the breathalyzer or blood draw, then your license is automatically suspended for a year as a civil penalty. However, the U.S. Supreme Court case of Birchfield v. North Dakota has said that refusing the tests may create a form of Fifth Amendment violation and therefore the evidence of the refusal may be suppressed under the Constitution. Currently, the law is in flux with regard to blood test refusals. If you are in a situation where you have refused a blood test and you are facing a DUI charge, it is very important that you consult with a knowledgeable DUI attorney who understands the current state of the law in Pennsylvania. Troy Crichton, Esq. has tried hundreds of DUI cases in Philadelphia and the surrounding counties and will be able to get you the best result possible.
Can I Contact An Attorney Before Deciding Whether Or Not To Take A Breathalyzer?
Unfortunately, you do not get to consult with an attorney on the side of the road when the police are asking you to take a breathalyzer test. The state of DUI law is currently in flux in Pennsylvania because the Supreme Court has recognized that consenting to a blood or a breath draw implicates your right against self-incrimination, which complicates the determination of whether a refusal should be admissible as evidence against you in court. If you have a DUI refusal case, it is very important that you consult with an attorney immediately in order to get the best outcome.
What Happens To My Driver’s License If I’ve Refused To Give A Breath Or Blood Sample?
If you refuse to give a sample, then your license is going to be suspended for one year as a civil penalty. You will get a letter from PennDOT which says that you have to turn in your license for one year. Exceptions and work permits are possible but are considered on a case-by-case basis and can be quite expensive. If you need your license for work purposes, a knowledgeable DUI lawyer can help.