Many drivers have no idea that when they obtain their Pennsylvania driver’s license that they agree to a law just by signing and accepting their driver’s license. If you are a licensed driver in the state, you have given your implied consent to take a chemical test (blood, breath or urine) if a police officers stops you and reasonably suspects that you are driving under the influence of drugs and/or alcohol. The implied consent law is designed to allow law enforcement officer’s to more easily obtain evidence against you that will be used in your Pittsburgh DUI case. This law taken together with Pennsylvania’s “per se” law means that when you submit to a chemical test under the implied consent law an .08 BAC test result constitutes a DUI violation.

Although you may have your license suspended for 12 months for a refusal, the police can not physically compel you to submit to a chemical test. While a mandatory license suspension for failing to comply with the implied consent laws is certainly a serious penalty, the prosecutor may have a harder time proving your DUI case without a chemical test. Even if you do submit to chemical testing and have BAC results of .08 or more, an experienced Pennsylvania DUI attorney may still be able to challenge the validity of the stop or your chemical test results. Pennsylvania’s implied consent law provides as follows:

§ 1547. Chemical testing to determine amount of alcohol or controlled substance.

(a) General rule. –Any person who drives, operates or is in actual physical control of the movement of a motor vehicle in this Commonwealth shall be deemed to have given consent to one or more chemical tests of breath, blood or urine for the purpose of determining the alcoholic content of blood or the presence of a controlled substance if a police officer has reasonable grounds to believe the person to have been driving, operating or in actual physical control of the movement of a motor vehicle:

(1) while under the influence of alcohol or a controlled substance or both; or

(2) which was involved in an accident in which the operator or passenger of any vehicle involved or a pedestrian required treatment at a medical facility or was killed.

So the first part of the law, section (a), states the assumption that you consent to chemical tests if you use a motor vehicle anywhere in the state. Part (b) of the law goes on to discuss the consequences of refusing such a test:

(b) Suspension for refusal.–

(1) If any person placed under arrest for a violation of section 3731 (relating to driving under influence of alcohol or controlled substance) is requested to submit to chemical testing and refuses to do so, the testing shall not be conducted but upon notice by the police officer, the department shall suspend the operating privilege of the person for a period of 12 months.

(2) It shall be the duty of the police officer to inform the person that the person’s operating privilege will be suspended upon refusal to submit to chemical testing.

(3) Any person whose operating privilege is suspended under the provisions of this section shall have the same right of appeal as provided for in cases of suspension for other reasons.

If you are facing pending charges for DUI, an experienced Pennsylvania DUI attorney may be able to get your charges reduced or dismissed entirely even if you submitted to chemical testing and had a result of above .08 percent or above. If you did not submit to chemical testing, the prosecutor may have an even harder time proving your case. Because a DUI can have very serious consequences, you should contact an experienced Pittsburgh DUI lawyer today.

With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.

I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case.  You will also find out how our practice can be put to work for you.

I look forward to listening to the circumstances of your case and discussing all available options available under the law.

Sincerely,

Michael V. Worgul

Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943