Refusing a chemical test in Chester County

You have heard all sorts of suggestions about whether you should or should not submit to chemical testing (breath or blood or urine) for your Chester County DUI.  75 Pa.C.S. § 1547 outlines the chemical testing to determine amount of alcohol or controlled substance and the refusal/implied consent rules.  Essentially, every person who drives/operates a vehicle in Pennsylvania, including Chester County, is deemed to have consented to providing a sample of blood, breath, or urine upon the request of a police officer or State Trooper.  The police officer or trooper must have "reasonable grounds" to believe that the person has driven, operated, or was in actual physical control of the movement of a vehicle while they were either in violation of a 3802 violation (DUI), 1543(b) violation -- a driving under suspension for DUI purposes, or is illegally operating a vehicle without the ignition interlock device.  

A person does retain a statutory right to revoke the consent and refuse the chemical testing.  They cannot be forced to submit the testing.  The officer must, if a person refuses, inform them that the person's operating privilege will be suspended upon refusal to submit to chemical testing and if the person refuses to submit to chemical testing, upon conviction or plea for violating section 3802(a)(1), the person will be subject to the penalties provided in section 3804(c) (relating to penalties).  The suspension will be one year for the first refusal or 18 months for a second or subsequent refusal.  It is sometimes possible for your Chester County DUI lawyer to try and get the suspension/refusal letter rescinded by the officer/trooper.  

Remember -- driving is a privilege, not a right.  Thus, the Implied Consent law furthers the quick purpose of gathering evidence of intoxication/influence without necessary and time-consuming search warrants.  

The code also states that the results of the tests shall be admissible as evidence in prosecution.  If a person is placed into ARD or is found/pleads guilty to DUI, the cost of the testing and analysis shall be paid by the defendant.