Driving under the Influence (DUI) cases in Pennsylvania carry with them the possibility of harsh mandatory incarceration penalties, mandatory fines, and the added collateral civil consequence of license suspensions. When someone is arrested for DUI and is asked to submit to a chemical test of their blood or breath (which under the law they have “impliedly consented to”) they may choose to refuse chemical testing. In these DUI refusal cases, there is an added collateral consequence of another suspension for “refusing” in addition to the suspension that comes with the DUI conviction. Simply put, in DUI refusal cases, there are two suspensions. Further, the refusal suspension in no way is dependent upon the DUI conviction. Meaning, a person charged with DUI and who refused chemical testing may beat the DUI case by being found not guilty or otherwise, and still suffer a suspension for the refusal of chemical testing.
In these situations it is important to analyze the arguments that someone may have against the DUI charge as well as whether or not the refusal can be separately proven by PennDOT. If there are issues with the refusal, one has the option of appealing the suspension related to it and putting PennDOT to task. Other times, there may be no issue with the refusal, meaning a person may elect not to appeal or challenge the refusal suspension. Every circumstance and situation is different. But it is important for those in this situation to understand that the suspension for refusing chemical testing is not dependent or related to the DUI case.
An experienced DUI attorney should be consulted if you or a loved one is ever charged with a DUI or DUI refusal offense.
The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments. These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. It is intended solely for informational purposes.
Michael DiCindio is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale.