Pennsylvania’s implied consent law is a significant factor in many DUI cases. When a person drives on Pennsylvania roads, they automatically agree to submit to chemical testing if law enforcement suspects them of driving under the influence.
This testing can include breath, blood or urine tests to measure blood alcohol content or the presence of drugs.
Automatic penalties
The implied consent law means that refusing to take a chemical test when asked can result in severe consequences. Pennsylvania law enforcement views refusal as a violation of the implied consent agreement, leading to automatic penalties. A refusal triggers an immediate license suspension of up to 12 months for a first offense. If you have previous DUI convictions, the suspension can last up to 18 months.
Stronger prosecution
A refusal of chemical DUI testing can also strengthen the prosecution’s case in court. Prosecutors may argue that the refusal indicates the driver’s awareness of their intoxication. This argument can lead to harsher penalties if the court rules in favor of a conviction. Additionally, a refusal may limit your options for defense, making it more difficult to challenge the DUI charge.
More criminal charges
In Pennsylvania, the penalties for refusing a chemical test are separate from those for a DUI conviction. This means that even if the court does not convict you of a DUI, you may still face penalties for the refusal. The license suspension imposed due to refusal does not consider whether you were under the influence.
Understanding the implications of Pennsylvania’s implied consent law is necessary for anyone facing a DUI charge. It is in your best interest to know the importance of making informed decisions when dealing with law enforcement during a DUI investigation.