Under the Pennsylvania Vehicle Code, no one is required to submit to a breathalyzer or blood test after a DUI/DWI arrest. However, any individual who refuses to submit to a breathalyzer or blood test after a DUI/DWI arrest automatically loses his or her license for one year. PennDOT will automatically suspend your license for one year.
Considering this result, it is probably not advisable for you to refuse to submit to such a test. The main reason for this is that the results of the test, should you submit to it, can still be challenged in criminal court. If you refuse, your license will be suspended in a civil proceeding and there will be little you can do to challenge the suspension. You can delay the suspension by demanding a hearing in front of a judge, but that is often delaying the inevitable since there exist only very narrow grounds for overturning an automatic PennDOT suspension.
Even if you believe that you were pulled over illegally, it is still probably advisable for you to submit to the test and then challenge the results later in court. If the police stopped you illegally, then the results of the test will most likely be found to be inadmissible as evidence.
This issue and others related to it are complicated and it is important that you consult with an attorney when you are faced with loss of your driver’s license, fines, or even imprisonment following a DUI/DWI arrest. Do not assume that you are guilty. There are many different factors that go into the determination of whether or not you may be successfully prosecuted for a DUI crime. Our lawyers may be able to have your charges dismissed, keep you out of jail, keep your fines to a minimum, or help you retain your driving privileges. Call 215-545-0008 or email Sadek Law Offices now to schedule a free initial consultation with one of our DUI/DWI attorneys.
If there are any general questions or topics you would like to read about relating to DUI Law in the Philadelphia, Pennsylvania region, you may contact the Philadelphia Lawyers at Sadek Law Offices, LLC at 215-545-0008 or (877) 4-LAW-411 or email . Thank you.