Delaware & Chester County Breath Test Refusal Attorneys
Understanding Implied Consent
If you have refused to take a breath test, or a blood or urine test, the Pennsylvania law that comes into play is referred to as implied consent. Implied consent essentially states that, by obtaining a driver’s license, you are implying that you will consent to a chemical test if you are pulled over for suspicion of drinking and driving. For that reason, if you refuse a breath test, you could be subject to severe penalties, above and beyond those that come with a DUI charge. Refusing to submit to a chemical test after a drunk driving arrest could lead to up to three days behind bars, not to mention a one-year driver’s license suspension.
What You Can Do About It
Fighting a breath test refusal may be more challenging than fighting a DUI charge. Breath test refusal is a civil matter, as opposed to a criminal matter like a DUI charge. The burden of proof is different. However, there may be options to fight back and protect your driving privileges. You must act fast though, because there are strict deadlines imposed. At Cherry DUI Law, our attorneys will move quickly to protect your license.
One of the first issues we will look at is whether you were properly warned of the repercussions of Breathalyzer refusal. Police officers are required to make a statement indicating that driving privileges will be suspended. If that did not happen, it may provide us with an opportunity. We will also want to determine whether your refusal was explicit or implied. While you may have simply said no, we handle many cases in which there was no verbal refusal and the police officer simply recorded a refusal because he or she believed it was implied. Perhaps it was not. That may also give us an edge in these cases.
We have decades of experience, so we understand the wide range of nuances that need to be considered when fighting allegations of breath test refusal.
Free Consultation — Media DUI Test Refusal Lawyers
To discuss your case with one of our experienced Philadelphia breath test refusal lawyers, call us at 610-565-0300 or 215-675-2400 or send us an e-mail.