What can I expect to happen?

[CornMuffin]

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

Last night, about 2AM, I started traveling to walmart to get milk/eggs/bread for this mornings breakfast. I turn the corner and there is a DUI checkpoint. No big deal. I pull up to the designated stop and roll down my window. The officer says "Pull up to right here" and points to an arbitrary spot right next to his leg. It looks to me I'm already where he wants me to be. He tells me a little more. Ok, so I move forward a foot. He tells me a little more. I'm already at the stop. I pull forward a few more inches. I wasn't going to drift any bit past the stop because that is how I failed my first drivers test, which I was told was a "moving violation" at the time, so I am not going to give them anything to start harassing me. The guy starts asking me questions, like where I came from and where I was going. I was then asked to turn off my vehicle and come with the officer because, and I quote "I think I smell what could possibly be alcohol". Bull****, but whatever. I refuse the sobriety test because they are just going to have me blow anyway. I am taken to a bus which was prepared for taking blood and holding people that failed the test. The officer hands me some sort of contract looking bit of paper and tells me that signing it is my acknowledgement that if I don't submit to a blood test, that I admit to being guilty of a DUI and I will get the maximum penalties. I absolutely don't believe him and scan over the paper. The best of what I read was I was actually giving them permission to do a blood test by signing it. I inform the officer that they need a warrant if they want my blood. I am moved to the front of the bus and allowed to call someone to come pick me up. While waiting for my ride, the original officer and another officer passively start to scare me into just giving my blood. I refuse and stop talking. My ride gets there, the keys to my vehicle are handed to him. As we start to drive away the one officer says "Expect you papers in the mail".

What papers? They also have no evidence of anything. What can I expect to happen? I feel like I did what I should have done, but the anxiety is consuming me. Thanks.

 

[Zigner]

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

Last night, about 2AM, I started traveling to walmart to get milk/eggs/bread for this mornings breakfast. I turn the corner and there is a DUI checkpoint. No big deal. I pull up to the designated stop and roll down my window. The officer says "Pull up to right here" and points to an arbitrary spot right next to his leg. It looks to me I'm already where he wants me to be. He tells me a little more. Ok, so I move forward a foot. He tells me a little more. I'm already at the stop. I pull forward a few more inches. I wasn't going to drift any bit past the stop because that is how I failed my first drivers test, which I was told was a "moving violation" at the time, so I am not going to give them anything to start harassing me. The guy starts asking me questions, like where I came from and where I was going. I was then asked to turn off my vehicle and come with the officer because, and I quote "I think I smell what could possibly be alcohol". Bull****, but whatever. I refuse the sobriety test because they are just going to have me blow anyway. I am taken to a bus which was prepared for taking blood and holding people that failed the test. The officer hands me some sort of contract looking bit of paper and tells me that signing it is my acknowledgement that if I don't submit to a blood test, that I admit to being guilty of a DUI and I will get the maximum penalties. I absolutely don't believe him and scan over the paper. The best of what I read was I was actually giving them permission to do a blood test by signing it. I inform the officer that they need a warrant if they want my blood. I am moved to the front of the bus and allowed to call someone to come pick me up. While waiting for my ride, the original officer and another officer passively start to scare me into just giving my blood. I refuse and stop talking. My ride gets there, the keys to my vehicle are handed to him. As we start to drive away the one officer says "Expect you papers in the mail".

What papers? They also have no evidence of anything. What can I expect to happen? I feel like I did what I should have done, but the anxiety is consuming me. Thanks.

A person directing traffic takes precedence over a traffic control device (stop sign, etc.,) so your excuse of not wanting to pass the stop line won't fly. Then, you went on to refuse the sobriety tests. Way to go. I would suggest that you start making calls to DUI attorneys.

 

[>Charlotte<]

I inform the officer that they need a warrant if they want my blood...I refuse and stop talking.

From PENNDOT:

PENNSYLVANIA'S IMPLIED CONSENT LAW (CHEMICAL TESTING FOR ALCOHOL OR DRUGS)

The Implied Consent law is very important to you as a driver. The law covering chemical testing says you have agreed to take such a test — just by being licensed to drive in Pennsylvania. If the police arrest you for driving while under the influence of alcohol or drugs and you refuse to take one (1) or more chemical tests of breath, blood or urine, your driving privilege will be automatically suspended for one (1) year. This suspension is in addition to the suspension imposed for a conviction or Accelerated Rehabilitative Disposition (ARD) for driving while under the influence.

Even if you are found not guilty of driving while under the influence, your driving privilege will be suspended for one (1) year for a first-time refusal to take a blood, breath or urine test. If you refuse to take a test and you are found guilty of DUI, your driving privilege may be suspended for two and a half (2
 ) years, depending on your BAC level at the time of the arrest. If you refuse chemical testing and have had a prior DUI conviction or a prior refusal for chemical testing, you will face an 18-month suspension for the refusal, plus 18 more months for the DUI conviction, for a total suspension of three (3) years


Now, the key word here might be "arrest", but you should definitely talk to a lawyer.

 

[CornMuffin]

Ok, what would the charges be? Indictment due to refusal of a voluntary evidence gathering exercise would be guilty until proven innocent. They could have gotten a warrant if they had probable cause. 4th amendment. I don't have to GIVE them any evidence that *could* possibly incriminate myself... 5th amendment.

 

[>Charlotte<]

Ok, what would the charges be? Indictment due to refusal of a voluntary evidence gathering exercise would be guilty until proven innocent. They could have gotten a warrant if they had probable cause. 4th amendment. I don't have to GIVE them any evidence that *could* possibly incriminate myself... 5th amendment.

No, you don't have to. But if you refuse, you lose your license. A license to drive is not a right, it's a privilege.

As the section of the handbook I quoted states, you agree to take the test (if ever necessary) when you receive your license. That's why it's called "implied consent". If you renege on that agreement--bye bye license.


ETA: And let me be clear. This has nothing to do with your civil rights. The 4th and 5th amendments don't matter. Your guilt or innocence doesn't matter. Even if you could prove you've never had a drink in your life and are the world's best driver--it doesn't matter. You refused the test. You may not have broken the law, but you broke a DMV rule.

 

[CornMuffin]

Thank you. I appreciate it

 

[>Charlotte<]

Thank you. I appreciate it

You're welcome, good luck.

 

[princymelba]

Recently, law enforcement is cracking down on motor vehicle drivers who are suspected of driving under the influence of Alcohol or Drugs and also who do not pass their roadside test routinely. A field sobriety test or failed breath test constitutes serious evidence against the driver. In most of the jurisdictions, a measurement for Blood Alcohol Content (BAC) is taken when anyone is being arrested or charged for drunk under the influence of alcohol in excess. On that time you could have accepted for the sobriety test.. Be careful and find a good attorneys in your state..

 

[quincy]

Recently, law enforcement is cracking down on motor vehicle drivers who are suspected of driving under the influence of Alcohol or Drugs and also who do not pass their roadside test routinely. A field sobriety test or failed breath test constitutes serious evidence against the driver. In most of the jurisdictions, a measurement for Blood Alcohol Content (BAC) is taken when anyone is being arrested or charged for drunk under the influence of alcohol in excess. On that time you could have accepted for the sobriety test.. Be careful and find a good attorneys in your state..

What state are you posting from or about, princymelba, that makes you think there is a recent law enforcement crackdown on drivers who drink? Law enforcement officers have always taken pretty seriously their state's drinking/driving laws.