View Single Post
  #80  
Old 10-10-2006, 10:55 PM
Nepa Nepa is offline
Senior Member
 
Join Date: Oct 2002
Location: Schuylkill
Posts: 1,469
Default Re: Getting Pulled Over Intoxicated

[ QUOTE ]
Refuse to take the BAC test, you'll still be charged with DUI, your license will be suspended for at least 1 year, and the fines added on are pretty big. During a DUI stop, you don't have any rights to refuse. At least, that is the law in Pennsylvania.

[/ QUOTE ]

There is some info missing here from the Pennsylvania law. If you do refuse a test, yes, you may still be charged with DUI if the DA has enough evidence to go forward with the cops charges. But... it is really hard to convict if they do not have Blood or Breath evidence.

Second, Yes you do have a right to refuse. You will lose your license for one year until you appeal which automatically stays the one year suspension until you have your day in court. You than have a hearing with the Dept. of Transportation and a Judge. Than the Judge rules if you lose your license or not.

I know this personally as I beat a DUI and I beat the one year licence suspension in Pennsylvania. I know I'm more of the exception than the rule as I do not believe many people have pulled this off.

Third, Unless things have changed I do not believe that you get any extra fines by refusing.

Get a lawyer and never take or get legal advice from a cop or a message board as you can see that sometimes the info is wrong.
Reply With Quote