Pennsylvania is an “implied consent” state. What this means is that in exchange for the privilege to drive on the state’s streets, roads and highways, you agree to consent to a chemical test if a law enforcement officer has formed a reasonable suspicion that you are driving under the influence (DUI) of alcohol or a controlled substance. If you refuse the test, you could lose your license and face some heavy financial penalties.
What’s more is that if the criminal DUI case moves forward, evidence of your test refusal is admissible in court and can be used against you. So, it’s possible that you could face penalties for both test refusal and DUI.
Even if you take a chemical test that indicates you were impaired, there are still defenses that can be mounted. Officers are required to follow strict procedures when administering the test. Moreover, an officer has to have a reason to stop you before asking you to submit to a test.
The Law Offices of Lance T. Marshall can advise you of the consequences you may face and the choices you have to make. Once released, we will investigate your case and look for legal challenges to everything from the legality of the stop itself to the officer’s conduct during the time you were detained. Don’t try and go it alone. Let us put our years of experience in defending people against DUI charges to work for you. Visit the DUI Defense page on our website to learn how we can help.