Understanding DUI and Prescription Drugs

If you are pulled over for an DUI, which is often called a DUI, and an officer suspects you are under the influence of alcohol, you might be asked to take a breathalyzer test.This rule is a component of Pennsylvania’s implied consent law, which you agree to simply by driving on Pennsylvania roads.

If you are arrested for a DUI and have declined a chemical test—whether it is of your breath, blood, or urine—it is essential to get legal advice. The DUI attorneys at Logue Law Group are experienced in handling these specific types of refusal cases.

Contact our Pittsburgh DUI lawyer for a no-cost consultation to discuss the details of your case.

When Inability to Comply Is Not a Refusal

Not every failure to complete a substance analysis test is legally considered a refusal. A genuine refusal occurs “when an individual’s behavior, whether through actions, spoken words or overall demeanor, clearly shows an unwillingness to take the test,” as established in the Hoban v. Rice, 25 Pennsylvania St.2d 111, 267 N.E.2d 311 (1971) ruling.

However, if a person is physically unable to provide an adequate breath sample, this is not counted as a refusal because a refusal requires a clear intention not to comply. This distinction is clarified in Hoffer-Hodge v. Cartridge, 17162, 1998 WL 906479, at *2 (Pennsylvania Ct. App. 1998).

Failing to blow hard enough into a breathalyzer does not automatically mean a refusal unless it is in direct defiance of the officer’s clear instructions, as noted in Riebel v. Curry, 38 Pennsylvania Misc. 71, 74, 313 N.E.2d 26 (1974). A skilled Pittsburgh DUI lawyer can help determine if your inability to complete the test was a genuine physical issue rather than an intentional refusal.

The court in State v. Glasscock, 111 Pennsylvania App.3d 371, 376, 676 N.E.2d 179 (1996), further clarified that a person’s refusal is evident when their actions justify the officer’s belief that the individual was physically capable but demonstrated a clear unwillingness to submit to a substance analysis.

Potential Consequences for a Chemical Test Refusal

If you are found to have refused a chemical test in relation to an DUI, you may face charges for a first-degree misdemeanor. The potential penalties can be severe and may include:

• A jail sentence of at least 3 days and up to 6 months
• Fines between $375 and $1,075
• Mandatory participation in a three-day driver intervention program
• A driver’s license suspension ranging from a minimum of 6 months to a maximum of 3 years
• Required installation of an ignition interlock device in your vehicle

Seeking Legal Aid for an DUI Refusal in Pittsburgh, Pennsylvania

If you find yourself arrested for an DUI in Pittsburgh, the Logue Law Group is prepared to help. We provide strong, comprehensive defenses for first-time DUI refusal cases and encourage you to discuss your charges with us.

Whether you were arrested by the Allegheny County Sheriff’s Office, the Pittsburgh Police Department, or another local agency, our team is knowledgeable about the tactics used by the Allegheny County DUI Task Force, particularly concerning sobriety checkpoints. A qualified Pittsburgh criminal lawyer from our team can navigate these complexities for you.

Our Pittsburgh criminal lawyer also handles more serious offenses, such as a second, third, or subsequent DUI refusal. We strive to educate you on important defenses, including those related to Pennsylvania’s Implied Consent Statute, to ensure you have the information needed to effectively face the charges against you.

For a clearer understanding of your situation or for dedicated legal representation, do not hesitate to contact the Logue Law Group or call us at 412-387-6901 for answers and a defense strategy tailored to your case.