The Philadelphia Inquirer reported on a DUI suspect in Chester County who, after taking a swig of a suspected alcholic drink in front of the officers, later refused to provide a blood sample for a blood test. Big mistake.
As discussed in my legal guide for a Pennsylvania and New Jersey DUI, any Bucks County DUI lawyer will tell you that if a person refuses a blood or breath sample for a Blood Alcohol Content (BAC) test and the officer has reasonable suspicion of the person driving under the influence of alcohol or a controlled substance (i.e. cocaine), they automatically lose their license for a year. Under the “Implied Consent” law of the Pennsylvania Motor Vehicle Code, it is implied that, by operating a vehicle in the Commonwealth of Pennsylvania, you have given your permission for the test. Failure to submit to the test triggers the automatic suspension.
Keep in mind, the officer gets to choose which BAC test (breathaylzer or blood test) and you do not have an option to refuse one (i.e. you’re afraid of needles) for the other. Refusal of the officer’s choice is enough.
Moreover, a BAC test refusal puts the suspect in the highest tier (> .16) for DUI penalties, which, if found guilty, will subject the individual to harsher Pennsylvania DUI penalties.
