Pennsylvania DUI Drivers Licenses Issues

Each person who drives in the state of Pennsylvania is deemed to have given his/her consent to one or more chemical tests of their breath, blood, or urine upon a lawful request.

A request is considered lawful where the police have reasonable grounds to believe the person was driving, operating, or in actual physical control of the movement of a vehicle while under the influence of controlled substances and/or alcohol. Failure to comply with a lawful request will be considered a "refusal." The fact that you refused to take a test will be admissible against you in court as evidence of your guilt.

Once placed into police custody, a Pennsylvania DUI suspect must be read his/her implied consent rights if a chemical test is going to be requested. The implied consent rights inform individuals of the consequences of their refusal so that they may make an inform decision of whether or not they wish to take the test. Failure of the police to advise suspects of their implied consent rights may become an issue that will affect the admissibility of the test results or evidence of refusal.

CONSEQUENCES OF CHEMICAL TEST REFUSAL - Pennsylvania DUI law requires additional penalties to be imposed upon DUI suspects who refuse to submit to chemical test analysis. Refusals carry an automatic suspension of your driver's license or privilege to drive within the state for a period of 1 year, or 18 months if you previously refused chemical testing. The driver's license suspension that flows from your refusal is in ADDITION to whatever suspension may be ordered by the court as part of your sentence in your criminal DUI case.

Although your driver's license is said to be automatically suspended for 1 year upon your refusal to submit to a chemical test, you still have the opportunity to contest the suspension by requesting what is called an "administrative review hearing."

The administrative review hearing is an informal civil hearing that is held to resolve the issues surrounding the suspension of your driver's license or driving privileges in the state of Pennsylvania. In order to qualify for a hearing, you must request one within 10 days of your arrest. Failure to timely request a hearing will be considered a waiver of your right to contest your suspension.

At the administrative review hearing, a hearing officer will consider the police report and testimony of the arresting officer to determine whether a refusal actually occurred and whether you were placed under lawful arrest. If the hearing officer determines that there was not sufficient evidence to establish a refusal took place or that your arrest was unlawful, your license will be reinstated and your driving privileges will be fully restored.