Pennsylvania’s Implied Consent Statute Explained

Navigating Pennsylvania’s Implied Consent Law

When you are arrested for an OVI (Operating a Vehicle Impaired) in Pennsylvania, you’ll be asked by the arresting officer to take a chemical test, such as a breath, blood, or urine test. Pennsylvania law operates under an “implied consent” rule, which means that by driving on the state’s roads, you have automatically agreed to submit to these tests if requested. A refusal to take the test will lead to specific penalties, including an Administrative License Suspension (ALS).

To be considered a valid “refusal,” the police officer must follow the specific procedures laid out in Pennsylvania’s implied consent statute, which is detailed in the Pennsylvania Revised Code (ORC) Section 4511.191. This law establishes that driving a vehicle implies your consent to a chemical test to measure your alcohol content.

If you find yourself in this situation, it is wise to consult with a Mercer DUI lawyer who can guide you through the legal complexities.

The Implied Consent Warning and Its Consequences

Upon being pulled over for a suspected OVI, the officer is required to read you the implied consent warning as stated in ORC 4511.192. Choosing not to take the test doesn’t just result in administrative penalties; it also impacts your criminal case. In court, the prosecutor can use your refusal against you, arguing that it shows you were aware of your own guilt. The suggestion is that you refused because you knew the test would show illegal amounts of alcohol or drugs in your system.

Legal Help for OVI Refusal Cases

If you have been accused of refusing a breath, blood, or urine test after an OVI arrest in Mercer, Pennsylvania, it is crucial to seek legal advice. An experienced Mercer criminal lawyer at Logue Law Group can provide the support you need. Contact us today to discuss the details of your OVI refusal case in Mercer.

Consequences of Refusal with a Prior OVI in Pennsylvania

Under Pennsylvania Revised Code Section 4511.19(A)(2), if you refuse a chemical test after being informed of the penalties, and you have a previous OVI conviction from the last 20 years, you could face new charges in addition to the current OVI.

Legal Stipulations for Repeat Offenders

Section 4511(A)(2) clearly outlines:

• No person who has a prior conviction or has pleaded guilty to a similar offense within the past twenty years shall operate any vehicle, streetcar, or trackless trolley in Pennsylvania while under the influence of alcohol, drugs, or a combination of both.
• After being arrested for operating the vehicle and being requested by a law enforcement officer to submit to a chemical test under section 4511.191 of the Revised Code, and after being informed of the consequences under section 4511.192 of the Revised Code, that person shall not refuse to submit to the test.

A skilled Mercer DUI lawyer can help you understand these complex legal provisions.

Finding a DUI Lawyer After a Refusal

If you are arrested for OVI in Mercer, PA, and you refuse a chemical test after the officer has read Pennsylvania’s implied consent statute, it’s time to act. Contact an experienced Mercer criminal lawyer at Logue Law Group. We represent clients throughout Mercer County, PA, and are ready to assist you.Call 412.389.0805 for a free consultation.