Like all 50 states, Pennsylvania is an “Implied Consent” law state. That means that in exchange for the privilege of driving in the Commonwealth, drivers agree to be subjected to chemical testing for the purpose of determining whether and how much alcohol or drugs are in their blood any time they are suspected of operating a vehicle while impaired.

Because the “implication” is that drivers consent, if you are stopped by police who have probable cause that you were driving under the influence, you will be heavily penalized if you refuse to submit to chemical testing upon request. Chemical Tests refer to a blood, urine or breath test administered at the station or medical facility. “Breath test” for the purpose of chemical testing does not refer to the small, hand-held breath testing device used in the field.

Most people will submit to these tests when police tell them to do so. However, when a driver knows she/he is still intoxicated, the strategy to “refuse” may surface because the blood alcohol content (BAC) analysis will likely result in damaging evidence and a conviction for DUI. While the law does not force or mandate the tests upon people, it does enhance criminal charges and increase penalties upon conviction for refusing.

Every DUI is unique, but refusing a BAC chemical test is rarely ever in someone’s best interests. If you do refuse a BAC test, you can pay heavily for it.

What most drivers do not realize, however, is that by the time a chemical BAC test is requested, the right to refusal has already lost much of its best powers. That is because under PA law, every driver has the right to refuse all Field Sobriety Testing, without consequence. This includes the right to refuse without consequence to take the breath test at the roadside.

In many cases, Standard Field Sobriety Testing (SFST) is used by law enforcement to develop the probable cause needed to make a DUI arrest in the first place. The results of these field tests are also noted by the officer and used against you in court, whether or not you submit to the chemical BAC test. If you are ever stopped and asked to take SFSTs, you may want to politely refuse to submit to these tests.

While prosecuting a DUI without chemical BAC results is significantly harder, it can and is done all the time in Pittsburgh and across Pennsylvania. If you are found or plead guilty to the DUI charges, enhanced Refusal Penalties will be added to your sentence.

Defending Your Rights To Refuse
If you or a loved one have been arrested for DUI in Allegheny, Cambria County or surrounding counties, your first and best line of defense is through a highly qualified and experienced DUI defense attorney. State and local police in Pennsylvania are very intimidating, and will frequently make discouraging statements to those suspected and accused of drunk driving.

The reality is that a DUI can be successfully defended against . Whether you refused SFSTs or chemical testing or not; a trained defense lawyer can look for holes and mistakes in the criminal processing of your arrest. The penalties for a conviction are severe, and the effects can be long-lasting. Merely accepting the fates that be, or what an officer tells you about your fate, is a costly mistake and a great disservice to your rights under the law.

You owe it to yourself or your loved one to fight with everything you can to protect your rights and your future. Call us now for a free initial consultation. We are highly skilled defense attorneys experienced in finding the best defense strategies for your situation. DUI cases often move quicker than others through the court system and there are time limits for some aspects of your defense, so do not delay. Call us today for a free initial evaluation of your case.

Tibbott & Richardson
1040 Fifth Avenue, Fourth Floor
Pittsburgh, PA 15219
(412) 444-7171