Navigating the "implied consent" law in Pennsylvania

April 08, 2014

Under Pennsylvania's "implied consent" law, all motorists are deemed to have given consent to chemical testing if arrested for driving under the influence of alcohol (DUI). Indeed, the simple act of operating a vehicle within the state subjects drivers to this "implied consent."

Specifically, this particular law states that when a police officer has reasonable grounds to believe a driver has operated a vehicle while intoxicated, the officer can request the driver to submit to chemical testing, such as breathalyzer, blood or urine tests. And, while the officer typically cannot force a driver take such a test, there will be penalties if a driver refuses. These penalties are largely due to the fact that, under the law, the driver has already given his "implied" consent to chemical testing.

If a driver wrongfully refuses chemical testing following a Pennsylvania DUI arrest, he or she will likely face a license suspension of 12 months. However, if the driver has had his or her license previously suspended for a refusal, or if he or she has had a prior DUI conviction, then the license suspension period will increase to 18 months.

Additionally, if a person has his or her license suspended due to a test refusal, and within 10 years violates the state's DUI law, he or she may have to install an ignition interlock device on each of his or her vehicles as a condition of the restoration of driving privileges.

What is considered a "refusal" under Pennsylvania law?

Following a Pennsylvania DUI arrest, anything less than an "unqualified and unequivocal assent" by a driver may constitute a refusal to submit to chemical testing under the law. Indeed, a refusal need not even be expressed in words. One Pennsylvania court determined that remaining silent after receiving the state's implied consent warning may be considered a refusal to submit to testing.

Ultimately, the question of whether to refuse chemical testing in Pennsylvania is a complex one. After all, even if a driver refuses alcohol testing, he or she may still face a DUI conviction based upon other evidence collected by law enforcement - meaning he or she will have to deal with a whole new set of penalties. In fact, Pennsylvania law expressly permits evidence of a refusal to be admitted at a subsequent DUI trial.

If you are currently facing refusal allegations or DUI charges in Pennsylvania, it is always best to consult with an experienced DUI defense attorney. A knowledgeable attorney can help investigate the circumstances of your arrest and assist in challenging refusal allegations.

Article provided by Randolph L. Goldman
Visit us at www.rgoldmanlawyer.com