Chemical Test Refusals in Pennsylvania DUI Cases
Pennsylvania’s implied consent law requires you to submit to a chemical test of your breath, blood or urine if you’re arrested for DUI. Refusal to submit to a chemical test after a Pennsylvania DUI arrest can be punished by a one-year driver’s license suspension and up to three days in jail. If you’ve been arrested for drunk driving, you need a skilled defense lawyer on your side. Ciccarelli Law Offices will thoroughly review your case and help you develop an aggressive defense strategy.
A chemical test refusal in a PA DUI case is a civil matter, not a criminal case. The Pennsylvania Department of Transportation can suspend your driver’s license for a full year if you’re found to have refused a chemical test after a lawful DUI arrest. The burden of proof in civil matters is lower than in criminal matters, so the state isn’t required to prove its case beyond a reasonable doubt.
To sustain a license suspension under the Implied Consent Law, the Department of Transportation (DOT) must establish that a licensee (1) was arrested for driving under the influence (DUI) based on reasonable grounds that he was operating a vehicle while under the influence of alcohol or a controlled substance, (2) was asked to submit to a chemical test, (3) refused to submit to the requested chemical test, and, (4) was warned that refusal would result in a license suspension.
It may be possible to challenge your chemical test refusal in your PA DUI case. Establishing the circumstances of your refusal is critical to determining the appropriate challenge. There are actually two types of refusals – expressed and implied.
Although you don’t have the right to consult with an attorney before submitting to a chemical test in a Pennsylvania DUI case, police must inform you of the consequences of a refusal. If you weren’t adequately warned of the repercussions of a refusal, it is possible that you not have to suffer the penalties that can be imposed upon you.
The penalties for a chemical test refusal in a Pennsylvania DUI case are harsh, but it may be possible to have the refusal excused. Your Pennsylvania DUI attorney at Ciccarelli Law Offices will thoroughly review the circumstances of your refusal to determine whether it can be challenged.
Contact Lee Ciccarelli and the Ciccarelli Law Offices Criminal Defense Team to discuss your problem, to confidentially and professionally discuss the dui, drunk driving or driving while intoxicated charges, arrest, and legal issues facing you and your family. We have an attorney on call 24/7. Contact us on line or by phone at (877) 842-1529 for a free consultation at one of our Pennsylvania locations.
