One of the primary ways for the government to prove beyond a reasonable doubt that an accused is guilty of DUI is through the use of chemical testing. Chemical testing composes of two different types of tests. First, the testing of an accused’s blood, which is typically drawn at a hospital, and second, the testing of an accused’s breath. Defending DUI cases An accused does have the right to refuse chemical testing when he or she is being investigated for a dui, however, refusing to consent to chemical testing will have an adverse effect on an accused’s right to possess a driver’s license. In Pennsylvania, any criminal defendant who refuses to consent to the chemical testing of his blood when he has been lawfully arrested for the charge of dui will receive at least a one year license suspension of his driver’s license.
Specifically, Title 75 section 1547 deals with the various rules in Pennsylvania dealing with the use of Chemical testing by the police to determine the amount of alcohol or controlled substance in an accused’s blood. DUI law Birchfield The general rule is that any person who drives, operates or is in actual physical control of the a vehicle is deemed to have given consent to a chemical test of his breath or blood. Additionally, is a criminal defendant refuses to consent to the testing of his blood or breath n a dui case, then the jury may hear that the defendant refused to consent to the testing of his blood and the government may argue that fact is consciousness of his guilt. However, this long standing Pennsylvania rule has been implicated by the United States Supreme Court’s decision in the Birchfield case which held that all individual’s have a 4th amendment of their blood but not of their breath. You should strongly consider consulting with an experienced Pennsylvania DUI attorney if you have been charged with or are being investigated for the charge of DUI in Pennsylvania.