Pennsylvania’s implied-consent law has significant implications for drivers who refuse chemical testing during a DUI, but the legal questions involved in roadside testing differ from those in post-arrest chemical testing. Several drivers refer to different tests as “breathalyzer,” and Pennsylvania treats them as distinct. It is therefore important to know the distinction following a traffic stop.
Understanding Breathalyzer Refusal PA Law
The implied-consent law in Title 75 provides that drivers implicitly agree to certain types of chemical testing and that police must have reasonable grounds to request it. A person’s refusal to take a breathalyzer test can therefore have repercussions beyond the criminal case; the statute permits PennDOT to suspend a person’s right to operate a vehicle following a qualifying refusal. For a first qualifying refusal, Pennsylvania usually imposes a 12-month suspension; however, in some instances, prior circumstances can extend that period to 18 months.
What do Pennsylvania’s implied consent laws require?
The implied consent law covers chemical testing after an arrest; the statute specifies when officers may conduct breath and blood tests. The law also requires officers to give certain warnings, including that the license may be suspended and that restoration fees may apply. The statute differentiates between chemical testing and preliminary breath testing, since Pennsylvania law does not give drivers the right to require a preliminary breath test. You shouldn’t therefore handle every breath test during a traffic stop the same way.
What about refusing to take the field sobriety tests in Pennsylvania?
The problems with field sobriety tests differ from those associated with chemical testing, and the statutory implied-consent suspension concerns chemical testing. Therefore, failing to undergo a field sobriety test does not automatically result in the same statutory suspension; officers may also record the driver’s behavior during the investigation. The evidence may be relevant in a DUI prosecution, and under Pennsylvania law, the Commonwealth may introduce evidence of impairment. An attorney can check whether the officers conducted the investigation properly and can also review the circumstances surrounding any later chemical test.
Does refusing to take the test automatically result in a DUI conviction?
Not at all; a refusal to take a chemical test and a conviction for DUI relate to entirely different legal issues. The refusal statute results in an administrative licensing penalty, while the DUI statute defines prohibited driving and provides for criminal penalties. A refusal can also affect the possible sentence since the law in Pennsylvania specifies the penalties in cases where certain defendants accused of DUI refuse to undergo chemical testing. The Commonwealth therefore cannot simply address the question of guilt by refusing the tests; it must still proceed with the criminal charge under the relevant law.
When is it a good idea to talk to a DUI lawyer?
A refusal may create both criminal and administrative problems, and these matters require individual legal analysis. A DUI lawyer in York, PA can review the traffic stop, the circumstances of the arrest, the request for testing, and the police documentation. They can also check whether the officer had reasonable grounds. Your lawyer can also explain the possible consequences from PennDOT, and the timing of your appeal or response may matter. If you received paperwork after refusing testing, preserve every document. Do not ignore PennDOT notices or court deadlines. The Law Office of Heather A. Reiner, LLC can review the circumstances surrounding your Pennsylvania DUI case. An early legal review can help identify the issues that need attention.