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PA DUI - Took Breath - Refused Blood

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What is the name of your state (only U.S. law)? PA

Really need some help here.
If a person is pulled over for suspicion of DUI, takes the breathlyzer, actually takes it twice. Do they have to agree to take a blood test in addition to the breathlyzer?
The initial test was in no way refused.
 


JETX

Senior Member
Do they have to agree to take a blood test in addition to the breathlyzer?
If requested, yes.
Your state, like most others, is an 'implied consent' state. Simply, that means that you have already given them your consent to test when you applied for your driving PRIVILEGE.

Pennsylvania Statute:
75 Pa.C.S. §1547. Chemical testing to determine amount of alcohol or controlled substance.

(a) General rule. --Any person who drives, operates or is in actual physical control of the movement of a motor vehicle in this Commonwealth shall be deemed to have given consent to one or more chemical tests of breath, blood or urine for the purpose of determining the alcoholic content of blood or the presence of a controlled substance if a police officer has reasonable grounds to believe the person to have been driving, operating or in actual physical control of the movement of a motor vehicle:
(1) while under the influence of alcohol or a controlled substance or both; or
(2) which was involved in an accident in which the operator or passenger of any vehicle involved or a pedestrian required treatment at a medical facility or was killed.

(b) Suspension for refusal.--
(1) If any person placed under arrest for a violation of section 3731 (relating to driving under influence of alcohol or controlled substance) is requested to submit to chemical testing and refuses to do so, the testing shall not be conducted but upon notice by the police officer, the department shall suspend the operating privilege of the person for a period of 12 months.
(2) It shall be the duty of the police officer to inform the person that the person's operating privilege will be suspended upon refusal to submit to chemical testing.
(3) Any person whose operating privilege is suspended under the provisions of this section shall have the same right of appeal as provided for in cases of suspension for other reasons.
 
Any idea if the breathlyzers hold the results and/or record the use of the device. The report makes no mention of the breathlyzer making it appear that no test was given. As if the blood was the only one requested and it was refused.
Also to add, when the consent for the blood test was refused at the hospital, one officer threatened to taser this person if they continued to refuse.
 

JETX

Senior Member
Any idea if the breathlyzers hold the results and/or record the use of the device.
Depends on the machine. Some store the results, some have a printout, some don't store at all.

The report makes no mention of the breathlyzer making it appear that no test was given. As if the blood was the only one requested and it was refused.
Not relevant. A refusal of one is sufficient.

Also to add, when the consent for the blood test was refused at the hospital, one officer threatened to taser this person if they continued to refuse.
Not relevant.
 

FlyingRon

Senior Member
The intoxillizer at the station prints a record. The field PBT's don't usually have any memory or record other than the cop's testimony/notes. A PBT isn't really the chemical test anyway, it's just a screen like the walking the line. You do poorly they make you take the real test.

It doesn't make any difference if he was given a test before or not. Did you not read JETX's posting of the statute. You have to submit to all the ones they want you to do. Now if they tried to give you ten blood draws you could argue reasonableness, but you're not going to on a blood test after an intoxillizer (and certainly not after a PBT).

The taser comments have no bearing on the DUI. If you want to report the officer for improper conduct that will be independent of your guilt here. Obviously the threat did no good because he still refused. Now if he had actually taken the test in light of threat of severe physical force you might have some cause for surpression.
 

paguy88

Member
few notes poster and questions.

1. is this your first dui? have you had any convitions in the past 10 years or any other criminal record?

2. I asume the breath test you are speaking of his the hand held device.. the cop asked you to blow into. Actually that is the one you can refuse. you will not lose your DL for refusing that one.

3. The blood test refusal... will get you a automatic 1 year suspension from Penn Dot... no way around that one.. even should you case go to court and you get found not guilty.. Penn Dot will not let you drive for one year.
 
few notes poster and questions.

1. is this your first dui? have you had any convitions in the past 10 years or any other criminal record?

2. I asume the breath test you are speaking of his the hand held device.. the cop asked you to blow into. Actually that is the one you can refuse. you will not lose your DL for refusing that one.

3. The blood test refusal... will get you a automatic 1 year suspension from Penn Dot... no way around that one.. even should you case go to court and you get found not guilty.. Penn Dot will not let you drive for one year.
Sorry, I use this site for my custody issues and am asking for a good friend and thought I'd get some info for her.

I asked her for more info, a DUI 7 years ago. No other criminal record whatsoever. Not even a parking ticket.

She actually agreed to the blood test, they read a Chemical Test Warning to her, she refused to sign the form. This all is stated in the police report.
They did not allow her to read the form herself she said, so she wouldn't sign the form.
Police Report on the issue- Word For Word:

Ms. X initially consented to a blood draw after being read her chemical test warnings verbatim, however she refused to sign the Chemical Test Warning. She was transported for blood draw. Ms. X was situated and asked to sign the appropriate hospital paperwork, she refused numerous times.
 
I cannot seem to be able to find the "Chemical Test Warning".
Any idea where I can find it so I can read it. I have googled it.

Kind of strange they expect people to sign something during such a bad situation, but, they can't view it prior, during, nor after the fact.
 

FlyingRon

Senior Member
Not signing the DL-26 is not a refusal. However, it appears she refused to sign hospital consent forms and that will be a refusal.
 
Not signing the DL-26 is not a refusal. However, it appears she refused to sign hospital consent forms and that will be a refusal.
Thank you for the DL-26 link. I was able to view the Chemical test warning.

Sorry, another question.

Would she have a refusal charge on the list of charges in the court documents?
 

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