The National Trial Lawyers | Top 100 Trial Lawyers AVVO Rating 10.0 Superb | Top Attorney Criminal Defense 10 Best 2014-2016 | 3 Years | Client Satisfaction | American Institute of Criminal Law Attorneys WHO'S WHO | Top Professional | Certified 2017 top 100 lawyer ASLA 10 best 2016 client satisfaction| American Institute of personal injury Attorneys
The Kelly Law Firm Law Offices of Kelly & Conte
Call Anytime - Day or Night
610-314-7066 610-314-7066
The National Trial Lawyers | Top 100 Trial Lawyers
AVVO Rating 10.0 Superb | Top Attorney Criminal Defense
Nation's Premier | NACDA | Top Ten Ranking 2014
10 Best 2014 | Client Satisfaction Award | American Institute of Criminal Law Attorneys

DUI refusal deemed not refusal in Pennsylvania Court

In Pennsylvania, defendants face dramatic sentencing enhancements for DUI when the defendant also fails to submit to chemical testing.  In a recent Pennsylvania case, a person was convicted of refusal in a case based on his conduct.  On appeal, the Superior Court reversed the conviction for the DUI - refusal.

In that case, the officer testified that after the arrest, the officer was transporting the defendant to the hospital for blood testing.  On the way to the hospital, the defendant was acting beligerent by screaming, cursing, and attempting to kick out the windows and partition in the police car.  The officer testified that because of this behavior, the officer did not even attempt to read the implied consent warning.  

The Court held that this was a fatal error on the officer's part.  In order for someone to be convicted of refusal, the officer must read, or attempt to read, the implied consent and can only stop if the defendant expressly refuses or the defendant's behavior prevents the officer from finishing the implied consent.

No Comments

Leave a comment
Comment Information

Why We Succeed


We prepare every case as if it is going to trial. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel.

See what our clients are saying...


For more than 15 years, people throughout Chester County and the surrounding area have turned to Law Offices of Kelly & Conte for sound legal advice and aggressive representation.

Learn more about our team...


We will not accept a deal simply for the sake of closing your case. We care about your future, and we pursue every available option in an effort to secure the best possible outcome.

View our case results...
Schedule a Case Evaluation

Schedule a Free Case Evaluation

Bold labels are required.

Please note that First AND/OR Last Name, and Email AND/OR Phone are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Law Offices of Kelly & Conte
213 W Miner Street #3
West Chester, PA 19382

Phone: 610-314-7066
Fax: 610-436-0628
West Chester Law Office Map

Review Us
Back to Top