Under the U.S. Constitution, you have certain rights to protect yourself from incrimination However, by driving in Pennsylvania you are implying consent to submit to tests of your blood alcohol content through analyzing your breath, urine, or blood. If you refuse to take these requested tests, you face consequences including loss of your driving privileges.
Philadelphia Refusing BAC Test Lawyer
At Lento Law Firm, we understand that the consequences of refusing a BAC Test can have a big impact on your life. We're dedicated to analyzing the details of every client's case as thoroughly as possible and fighting for a positive resolution. You can trust us to tirelessly defend you against this situation.
Call us today at (215) 535-5353 to schedule your free consultation with our experienced attorneys. We can review the details of your situation and help you choose the best way to proceed. There may be several options available to you, and we want you to feel confident in the criminal defense process ahead of you.
Information About BAC Testing
- The Option of Refusing to Submit to a BAC Test
- Potential Penalties for Refusing a BAC Test in Pennsylvania
The Option of Refusing to Submit to a BAC Test
By driving on Pennsylvania roads, you have agreed to what is called "implied consent", meaning that you will comply with requested BAC testing by giving samples of your breath, urine, or blood. However, the fifth amendment of the Constitution allows each person to avoid self-incrimination. This provides an opportunity to refuse BAC testing, but it does not absolve drivers of the consequences of doing so.
However, submitting to a an alcohol test can provide physical evidence if you are charged with DUI. Depending on your situation, you should carefully weigh the consequences of each scenario.
The most common test involves a breathalyzer, which are known for being unreliable in analyzing breath samples. You may be requested to provide a urine or blood sample instead. These are usually collected as a police station, and very specific protocols must be followed in obtaining these. If samples are mishandled during any step, the results become void and cannot be used against you. An experienced Philadelphia DUI lawyer will know how to seek out these types of problems with the prosecutions case against you.
Potential Penalties for Refusing a BAC Test in Pennsylvania
Although refusing a breathalyzer test can prevent prosecutors from obtaining physical evidence to support a DUI charge, you can face serious consequences for refusing to take the requested test. The main penalty that you face is a suspension of your driving privileges. The length of this suspension can be affected by your criminal record, but for a first time offender, the suspension is typically for one year.
After your initial notice of suspension, you have up to 30 days to request a hearing to challenge this penalty. At this hearing, an attorney can defend you by challenging the details of your suspension, including the actions of law enforcement in pulling you over and requesting a BAC test. With a skilled Philadelphia attorney on your side, you can fight the potential consequences of refusing to submit to a DUI test.
Finding the Best Attorney for Refusing to Take a BAC Test in Philadelphia County
If you have refused a BAC test in Pennsylvania, an attorney can seek to overturn your suspension or secure limited driving privileges for you. Transportation is important to your daily life, and we want to help restore your ability to move freely. Call us today at (215) 535-5353 to schedule your free consultation appointment. We can start planning a unique defense strategy for your situation today.