Whether you had a few drinks earlier in the night or are driving around completely sober, if a police officer pulls you over and informs you that he wants to test your blood alcohol level, then you’re probably going to find yourself caught off-guard. Although many states mostly use devices such as breathalyzers for measuring blood alcohol concentrations, in Pennsylvania, more and more police departments are starting to rely on blood tests for measuring alcohol levels. While blood tests do tend to be a lot more accurate, for those accused of DUI, they can be awfully intimidating and downright inconvenient – especially in cases when a trip to the hospital is required in order to have a blood sample drawn. Therefore, if you’re asked to undergo a blood alcohol test, then there are a number of reasons why you might want to decline. The question is: Is refusing to submit to a blood alcohol test in Pennsylvania a good idea?
Charles Nistico of the firm Nistico Roberts, P.C. is an experienced DUI lawyer who has been serving Pennsylvania’s Philadelphia, Chester, Delaware, Montgomery, and Bucks counties for more than 30 years, and according to him, it is almost always better to agree to a blood alcohol test in Pennsylvania than it is to refuse. Why is this the case? Pennsylvania is one of those states that operates under an implied consent law, which means that by driving around within state lines, you are essentially agreeing to submit to a blood alcohol test if asked to cooperate as such. While implied consent laws do vary from state to state, in Pennsylvania, this concept does not just apply to those who have Pennsylvania driver’s licenses; rather, it applies to anyone who operates a vehicle within the state. Additionally, even if the state that issued your driver’s license doesn’t hold by implied consent laws, this still doesn’t get you off the hook if you’re asked to undergo blood alcohol testing in Pennsylvania. Therefore, if a Pennsylvania police officer pulls you over and asks you to take a breathalyzer or blood test because he suspects that you’ve been drinking, then your best bet is almost always going to be to agree to it without a fight.
What do you have to lose by refusing to submit to a blood alcohol test? According to Nistico, by putting up a fight on the testing front, you could end up with a one-year license suspension just for refusing to cooperate. Of course, this one-year suspension will only act as an addendum to any license suspension or punishment you might receive in the event that you’re convicted of DUI. Furthermore, even if you’re found innocent regarding the associated DUI charge, by refusing to undergo blood alcohol testing, you could still end up with a year’s suspension; and while it is possible to appeal these matters, the punishments mostly tend to stick.
So does it ever make sense to refuse to have your blood tested? In Nistico’s experience, the only situation where it might make sense to say no to a blood alcohol test is if you happen to have been doing illegal drugs at the time as well. Since the penalties for illegal drug use can be quite severe, by agreeing to a blood alcohol test, you could end up incriminating yourself as far as your narcotic abuse is concerned. On the other hand, not every drug charge carries the same sort of weight, so it’s important to carefully consider the pros and cons of refusing to submit to a blood alcohol test before making a decision. Then again, if you’re under the influence of both drugs and alcohol at the time of the request, then you’re not likely to be in much of a position to evaluate your options clearly.
Remember, if you happen to be sober when asked to take a blood alcohol test in Pennsylvania, then you have nothing to lose (other than perhaps a bit of your time) by agreeing to cooperate. On the other hand, by refusing to submit to a blood alcohol test, you could end up subjecting yourself to a punishment that you otherwise would not have gotten. Even if you are over the legal limit when asked to undergo testing, it still makes sense to comply rather than sentence yourself to an automatic one-year license suspension. After all, the right attorney might end up being able to get you off the hook for your DUI charge, and the more willing you are to cooperate from the get-go, the more lenient a judge is likely to be.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
