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DUI/DWI: Implied Consent

Pennsylvania operates under the implied consent rule for individuals charged with either a DUI or DWI. What is probable cause for a DUI  The general rule is that any person who drives, operates or is in actual physical control of his car shall be deemed to have given consent to one or more chemical tests of breath, blood or urine for the purpose of measuring the amount of alcohol or narcotics in his blood.

If someone is arrested in the state of Pennsylvania for Driving Under the Influence and refuses submit to chemical testing for the purposes of having the amount of alcohol or drugs in his blood measured, then Pendot shall suspend the operating privilege of the accused for at least one year. An accused shall face a longer period of suspension of 18 months if his

Driver's license had been suspended previously for a refusal.

DUI LawyersThe general rule running through the majority of the cases on this topic is that the implied consent warnings are required specifically when a suspect refuses to take the blood test and it is suspected that he is Driving Under the Influence.   The implied consent warnings generally inform an accused that if he doesn't agree to have his blood drawn and tested then he will have his license suspended for at least one year. In Section 1547 (b) (1) of the Vehicle Code, if it is read in plain language, it seems that an accused's decision to refuse to submit to chemical testing is the condition precedent that triggers the informed consent. Thus, once an accused is arrested, it is required that he or she be notified and read the Implied Consent Warnings by the officer so that they are informed of the penalties involved in refusing to let their blood be drawn or breath tested.

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