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Implied Consent in a Pennsylvania DUI Case

arrested

If you’ve been stopped by police, for any reason, and the police officer suspects that you have been drinking, the officer may ask that you take a blood alcohol test. What are your rights in Pennsylvania when such a request is made? Can you legally refuse to submit to a blood or breath test? Are there consequences for doing so?

The Concept of Implied Consent

Like most jurisdictions, Pennsylvania recognizes the legal principle of implied consent in drunk driving arrests. Implied consent means that, simply by getting behind the wheel of your car, you have given your implied consent to take a chemical test to determine whether you exceed the legal limit for driving under the influence. The test must be administered within two hours of the time you were stopped. In addition, if you are asked to take a breathalyzer test, the arresting officer must continuously watch you for 20 minutes prior to the administration of the test. If you are observed burping, belching, vomiting or ingesting any other substance, the officer must note that in the police report.

You are not limited to the test conducted by police. You can request your own independent test, but it must meet the same parameters, or it may be discredited in court.

If you refuse to take a blood test, your license will automatically be suspended. The first refusal will result in a one year suspension and all subsequent refusals will result in an 18 month suspension.

Contact Attorney Michael Curtis Greenberg

Don’t lose your license or go to jail. Let us fight to protect your rights!

There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

To schedule an appointment, contact us by e-mail or call our office at 855-598-3650.

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