Upper Darby DUI lawyer Michael T. Malarick has been serving the Upper Darby community for over 29 years. Attorney Michael Malarick has been licensed to practice law in the state of Pennsylvania and New Jersey for over 29 years. If you were stopped while driving drunk in Upper Darby, contact our Upper Darby DUI attorney today for a free DUI and DWI consultation.

Upper Darby DUI Lawyer: What Will Happen If I Refuse To Take A Chemical Test When Stopped For DUI?

If you are pulled over on a suspicion of driving while intoxicated in Upper Darby Township, or any other township or borough in the Commonwealth of Pennsylvania, and you refuse to submit to chemical testing, you will have your driver’s license suspended for 12 t0 18 months in addition to any other penalty imposed if convicted of DUI. If you are facing DWI criminal charges, call our Upper Darby DUI attorney today for a free consultation.

Pennsylvania drivers are subject to the Implied Consent Law. This statute states that any person who operates a motor vehicle in Pennsylvania “shall be deemed to have given consent” for chemical testing to determine the BAC (blood alcohol content) or presence of a controlled substance if the police officer had reasonable grounds to believe the person was driving under the influence of alcohol or drugs. (75 Pa. C.S. 1547).

If an Upper Darby driver, or any other PA licensed driver, refuses a chemical test, PennDOT shall suspend that operator’s driver’s license for 12 months. The suspension is increased to 18 months if it is a second or more refusal or the operator had a prior DUI conviction. If you need legal help, call our Upper Darby DUI lawyer, Michael T. Malarick today.

However, this statute does place an affirmative duty on the police to inform the operator that his/her driver’s license will be suspended upon the refusal to submit to a chemical test.

This license suspension for a refusal to submit to chemical testing is in addition to any applicable license suspension for the underlying DUI charge. That is, if you refuse a chemical test and are convicted of DUI, your license suspension will run consecutively—Jan. 2, 2017 to Jan. 2, 2018 on the refusal and from Jan. 3, 2018 to Jan. 3, 2019 on the DUI conviction.

A license suspension due to a refusal to take a chemical test is mandatory – it will be imposed and it is not subject to be negotiated or plea bargained. It will not be overturned unless an appeal is filed and successful.

Upper Darby DUI Attorney

Moreover, the fact that a driver refused a chemical test may be introduced as evidence in the DUI trial. While no presumption of intoxication shall arise from the refusal evidence, the refusal evidence will be considered by the court along with all other factors concerning the charge.

If you face a license suspension due to a refusal to submit to chemical testing, or if you face a DUI charge in Upper Darby, PA, you should contact Michael T. Malarick, Esquire, an experienced DUI and Delaware County license suspension attorney serving all of Delaware County, PA.

Call our local Upper Darby DUI lawyer if you are facing criminal charges for a DWI in Upper Darby Township. As an experienced criminal defense attorney, Michael T. Malarick can help you whether this is your first DUI, second DUI, or third DUI.

Upper Darby DUI Lawyer: What Will Happen If I Refuse To Take A Chemical Test When Stopped For DUI?

Upper Darby DUI Attorney

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