One of the big questions that arises in DUI cases is assessing whether or not the accused refused to consent to the testing of his blood or breath after he was arrested for DUI. defending DUI cases The law regarding this issue of whether or not a criminal defendant refused to consent to the testing of his blood is governed by the Implied Consent Law. The Implied Consent Law requires and calls for the suspension of an accused’s driver’s license for a one year period if the Department of Transportation can prove that the defendant refused to submit to chemical testing. In order for a police officer to be authorized to request that a driver consent to chemical testing the officer must have reasonable grounds to believe that the motorist was operating a motor vehicle and was under the influence of alcohol or drugs. If the Officer has that believe, then he is required to read the Implied Consent Warnings to the Defendant. Those warnings essentially inform a person that they have been arrested under suspicion of DUI and can either consent to a chemical testing of their blood or breath or they may refuse and suffer a one year license suspension.
One thing that the government must prove is that the implied consent warnings for DUI were read to the defendant after he was arrested. That essentially means that the defendant was placed under the custody and control of the police officer. ignition interlock If you are being investigated for or have received a letter from pendot indicating that your license is being suspended you should immediately contact an experienced Chester County Dui Lawyer. The suspension from Pendot for a Dui refusal to submit to chemical testing may be challenged in court. An accused is entitled to a hearing before a Judge at the Court of Common Pleas