REFUSAL OF CHEMICAL TESTING
Page One under New Law, DO NOT REFUSE any chemical test of your breath, blood, or urine, if you refuse, contact us immediately, as there are a number of defenses.
John Garner v. Commonwealth of Pennsylvania Department of Transportation
- Change in the DUI Law requires the police officer to inform the person that the person’s operating privileges will be suspended upon refusal to submit to chemical testing and that upon conviction, plea or adjudication of delinquency, for driving while imbibing; the person will be subject to penalties provided in 75 Pa.C.S. Section 3804.
- Failure of Form DL-26 or police officer to accurately advise a person of the criminal penalties and consequences of refusal to submit to chemical testing cannot give rise to refusal pursuant to the implied consent law when the driver is misleadingly advised of the least serious consequence of the refusal.
- Police Department must use the updated DL-26 version; if they are still using the old form then the driver was not accurately advised of his or her rights and therefore the police are not complying with the requirements under the new statute.
New Law as of February 1, 2004 – Driving After Imbibing §3802
The new law is labeled Driving After Imbibing statute section 3802, it breaks down the offense of Driving After Imbibing to a three tier system. Those individuals that have a BAC reading between .08-.99; .10-.159 and .16-and higher; Individuals who are considered to be driving with illegal controlled substances in their bodies are deemed to automatically fall into the highest category, even traces of illegal substances (marijuana, cocaine, etc…), additionally individuals who are considered to be impaired as a result of prescribed medications (Zoloft, Ambien, etc…) are deemed to also fall into the highest tier; the higher the tier the more severe the punishment for both jail time and loss of license.
New Law requires punishment mandates the Ignition Interlock Device.
Defenses to the New Law
- All chemical testing must have occurred within 2 hours of operation.
Expert's Report and testimony extremely useful in proving that you belong in a lower tier; we have convinced many Assistant District Attorney’s that individual who is a .16 or .17 belongs in the lower tier, saving them up to 6 month loss of license and up to 60 days in jail.
In those cases where the Commonwealth is alleging prescription medications as the cause of impairment, we have successfully had experts testify that based off of the Commonwealth lab results, the prescription medication was not in fact the cause of the impairment.
New Occupational Limited License Available
Those individuals who are 1st time offenders who are not eligible for any pre-trial diversionary programs are eligible for a limited work license after serving 60 days of there license suspension which is typically 12 months for a 1st offense.
Substance Abuse Treatment is a tremendous asset to both the individual and as well a great negotiating tool when dealing with the prosecutor’s office; in many instances judges will give credit to our clients on mandatory jail cases.
For more information please visit Addiction Care Options.
Serving the Boroughs and Townships of Bucks County:
Bedminster, Bensalem, Bridgeton, Bristol, Buckingham, Chalfont, Doylestown, Dublin, Durham, East Rockhill,Falls, Haycock,Hilltown, Hulmeville, Ivyland, Langhorne,Langhorne Manor, Lower Makefield, Lower Southampton, Middletown,Milford, Morrisville, New Britain, New Hope, Newtown, Nockamixon, Northampton, Penndel, Perkasie, Plumstead Township Quakertown, Richland, Richlandtown, Riegelsville, Sellersville, Silverdale, Solebury, Springfield,Telford, Tinicum,Trumbauersville, Tullytown, Upper Makefield, Upper Southampton, Warminster, Warrington, Warwick, West Rockhill, Wrightstown, Yardley |
PA DUI -Bucks, Montgomery, Northampton, Lehigh County
Margiotti & Mittman, Attorneys at Law
593 Bethlehem Pike
Montgomeryville, PA 18936-9709, US
E-mail:margiottilaw@verizon.net
For a free, no-obligation PA DUI consultation call, 215-822-1888
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