Each time you renew your driver's license in Pennsylvania, you sign a form that permits the Commonwealth of Pennsylvania to draw blood, breath or urine if you arrested by police for driving under the influence. This form of permission given by you to the Commonwealth is known as the Implied Consent Law. According to this law, if you refuse to provide the police with a blood, breath or urine sample in conjunction with a DUI, your license will automatically be suspended for one year.
Even if you are eventually found not guilty of the DUI case, the suspension will stand because of the Implied Consent Law. Furthermore, you do not have the right to speak with an attorney prior to providing a sample to the police. If you insist on speaking with an attorney, it will be considered a refusal and your license will be suspended.
Therefore, if you are not under the influence and are pulled over under suspicion of a DUI, do not refuse to provide a sample to the police out of principle as your refusal will automatically result in a 12 month suspension of your driver's license.
If you were arrested for DUI and refused to provide a sample, contact an experienced criminal defense attorney at our Pittsburgh Law Office to review your case.