Blood Draws and DUIs
Feb. 13, 2021
Pulled over for a suspected DUI? Facing a request for a blood test? In Pennsylvania, things get complicated fast. Unlike breath tests, refusing a blood test after a DUI arrest carries harsher penalties, impacting your license, finances, and even future opportunities. But before you make a snap decision, understanding your rights and the consequences is crucial.
Implied Consent: What Drivers Agree To:
Pennsylvania operates under an implied consent law. This means by getting your license, you implicitly consent to chemical testing (blood or breath) if arrested for DUI. Refusal signifies a violation, triggering automatic penalties.
Refusal Consequences: More Than Just a Suspended License:
First Offense: 12-month license suspension, $500 fine (for reinstatement).
Second Offense: 18-month suspension, $1,000 fine (reinstatement).
Third Offense: 18-month suspension, $2,000 fine (reinstatement).
Remember, these are just the license penalties. Depending on the severity of your case, additional criminal charges and fines could be imposed.
But Is There Ever an Option to Refuse?
While legal advice is crucial in each situation, there might be rare instances where seeking immediate legal counsel before consenting is advisable. This could involve concerns about the testing procedures, medical conditions, or potential legal challenges. However, remember:
You don't have an attorney present during the initial blood test request.
Refusing doesn't guarantee avoiding charges or penalties.
Fighting Back After Refusal: What to Do Next:
Even after refusing a blood test, legal options exist. An experienced DUI attorney can help you navigate the complex legal landscape and explore potential strategies to:
Challenge the initial stop or arrest procedures.
Minimize the impact of the refusal on your license.
Fight any associated criminal charges.
Remember, seeking legal counsel immediately after a DUI arrest is crucial, regardless of your decision on the blood test.
Don't Wait, Get Informed:
Facing a DUI arrest is stressful, and understanding blood test implications is vital. While this blog cannot provide legal advice, it aims to empower you with knowledge. For a free consultation and personalized guidance on your specific situation, contact our experienced DUI attorneys today. We'll help you navigate this challenging time and fight for the best possible outcome.