A substantial part of my law
practice involves Driving Under the Influence (DUI) defense. Also, my clientele
can be described as well educated, employed professionals who have no prior
experience or involvement with the criminal justice system until their
unfortunate decision to drive after drinking ends up in a DUI arrest and
prosecution.
Recently, one of my well
educated, professional and employed clients was stopped by police who suspected
him of driving under the influence of alcohol.When police asked my client to
submit to a chemical test of breath or blood, he did not consent to that test
because he didn’t know what to do, and for this particular decision, one is not
entitled to speak to a lawyer first. Failure to take the chemical test is known
as a “Refusal.” Pursuant to the Pennsylvania Vehicle Code Section 1547, a
refusal results in a serious penalty of which you may not be aware: a driver’s
license suspension for one (1) year regardless of whether the DUI
prosecution is dismissed! Therefore, since my client was unaware of the
consequences of a refusal, he is now serving a one year license suspension even
though his DUI prosecution will likely be dismissed.
Pennsylvania law states that
if a police officer has “Reasonable Grounds” to believe that a person may be
DUI, that person can be asked to submit to a chemical test of breath or blood.
75 Pa.C.S.A. Section 1547. This law exists because the issuance of a
Pennsylvania driver’s license is a privilege not a right, and in exchange for
this privilege, one “impliedly consents” to submit to chemical testing if,
again, reasonable grounds exist. In addition, it is the choice of the police
officer as to which chemical test (breath or blood) is administered.
If you have any questions
about your rights in a DUI prosecution, contact me at 4123917999 to get these
questions answered. Your criminal record and driver’s license are too important
to be left to anyone but a specialist in the field.
Joseph Alexander Paletta, Esq.
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