DUI Refusal in Mercer County

When a law enforcement officer pulls someone over on suspicion of intoxication, they will typically ask the driver to undergo a chemical test, such as a breath, blood, or urine analysis. For a refusal to be legally valid, the officer must first inform the individual of the consequences of declining the test. This procedure is mandated by a law known as the Implied Consent Statute, specifically detailed in Pennsylvania’s Revised Code, Section 4511.192(B), which officers are required to follow precisely.

If the driver declines the chemical test, the officer initiates paperwork to inform the Bureau of Motor Vehicles (BMV), leading to a driver’s license suspension. This is known as an administrative license suspension (ALS). The duration of this suspension is determined by the Pennsylvania Revised Code and varies based on specific circumstances. It’s important to note that ALS isn’t exclusive to drunk driving cases. A driver’s license can also be suspended if they are found to have a controlled substance in their blood exceeding the legal limit. A knowledgeable Mercer DUI lawyer can help you navigate this complex situation.

Inability to Complete a Chemical Test is Not a Refusal

In legal terms, a “refusal” implies a conscious and deliberate decision not to comply with a request. It requires intent. There are instances where a driver may be physically unable to provide an adequate sample for a breathalyzer, such as not being able to blow enough air for a reading. This inability does not legally constitute a refusal.

Other conditions that might prevent a driver from completing a chemical test include head injuries like a concussion causing confusion, epilepsy, or communication barriers such as being deaf or not fluent in English. Numerous court cases, some reaching the U.S. Supreme Court, have helped clarify the legal distinction between an inability to comply and an intentional refusal. If you find yourself in this situation, consulting with a Mercer criminal lawyer is a crucial step.

Penalties for Chemical Test Refusal in Mercer County

In Pennsylvania, refusing a chemical test is classified as a first-degree misdemeanor. A driver facing this charge can expect several potential consequences:

• Installation of an ignition interlock device on their vehicle, at their own cost.
• Mandatory completion of a driver intervention program.
• A jail sentence ranging from a minimum of three days to a maximum of six months.
• Fines between $375 and $1,075.
• A license suspension lasting from six months to three years.

Driver intervention programs are court-approved and are typically held over a three-day weekend at a hotel. The primary goal of these programs is to educate drivers on the risks associated with alcohol and drugs to prevent future DUI violations. To understand how these penalties may apply to your case, contact a Mercer DUI lawyer.

You Need Help to Contest a Refusal Charge

Given the severe penalties associated with a conviction for refusing a chemical test, it is vital to seek assistance from someone who thoroughly understands the law, court procedures, and available defense strategies. A reputable attorney with extensive experience defending clients against operating a vehicle while intoxicated (DUI) charges will know how to obtain records and evidence to support your case. They can identify the most effective defenses based on the unique details of your situation. A skilled Mercer criminal lawyer will be your best advocate.

No matter which agency made the arrest or where it occurred in Mercer county, the Logue Law Group is familiar with the tactics employed by prosecutors and police. We are thoroughly educated in Pennsylvania’s drunk driving laws and penalties, and we keep our training current to provide the best possible service to our clients. We will be your voice throughout the legal process. If you need a lawyer, we are here for you.The Logue Law Group is available 24/7 for a free initial consultation. A trusted Mercer criminal lawyer can be reached by calling 412.389.0805.