image of someone taking a breathalyzer test

PA DUI Laws and Chemical Testing

In Pennsylvania, if a driver is suspected to be under the influence of alcohol, they may be asked to take a chemical test to determine their blood alcohol concentration (BAC). The results can be found through the use of a breathalyzer or blood test. To many, this test is seen as intrusive and gives a feeling of discomfort.

The Different Kinds of Chemical Tests

Chemical test results can be found through the use of a blood test. When alcohol is consumed, it is absorbed into the bloodstream. A medical professional can use specialized equipment to determine the concentration of alcohol in the person’s blood. Your blood-alcohol level can also be found using a breathalyzer device. Using a sample of the driver’s breath, the machine is able to calculate how much alcohol is present within their lungs.

What Happens When You Get Charged with a DUI?

There are many consequences for being charged with a DUI in Pennsylvania. People found driving under the influence can experience the following legal processes and consequences:

  • Arrest and Charges: Failing a chemical test can lead to your immediate arrest.
  • License Suspension: Upon your conviction, your driver’s license can be suspended.
  • Sentencing: Driving under the influence convictions require completion of educational programs, community service, or even jail time.
  • Vehicle Restrictions: In some cases, ignition interlock devices (IID) are required to be installed on the vehicles of those who have been found driving under the influence.

What Happens If You Refuse to Take a Chemical Test?

Refusing a chemical test of your blood may help you avoid a criminal conviction in a few cases, however, licensed drivers in Pennsylvania have given implied consent, making refusal of a chemical test punishable by suspension of driving privileges. Traffic and licensing laws ensure that anyone who has accepted their license from the state of Pennsylvania or operates a motor vehicle on Pennsylvania roadways, even those with licenses from another state, must abide by Pennsylvania traffic laws. Laws are in effect that include implied consent for chemical testing. Refusing to take the test can result in serious consequences. Due to the immediate consequences and your ability to challenge the results of a chemical test at a later time, refusing a chemical test is typically not advised.

Can You Contest The Result of a Chemical Test?

Drivers have the opportunity to battle against the results of a chemical test in Pennsylvania. The accuracy of the testing devices is not always guaranteed. Your best options to challenge these findings include questioning the qualifications of anyone involved in conducting the test or showcasing potential external factors influencing the conclusion, like medical conditions or medications. It is important to know that proper defense against a chemical test requires legal expertise and a thorough analysis of the circumstances surrounding the test.

Finding a Defense Attorney to Dispute Your Chemical Test Results

Adequate legal representation is essential when contesting chemical test results. DUI defense attorneys are well-versed in Pennsylvania’s intricate DUI laws. Recognizing the flaws in chemical tests is a sizable portion of your defense. Your attorney can pinpoint effective strategies to strengthen your case against unreliable chemical test results.

If you are in need of DUI counsel, call 215-750-0110 for a free consultation.

Steven M. Jones Written by Steven M. Jones, Partner at Begley, Carlin & Mandio LLP

Steven Michael Jones represents clients in civil and criminal litigation matters. Notably, Mr. Jones has significant experience in the area of litigation, handling serious and high-profile cases including jury and bench trials. Mr. Jones is a member of the Pennsylvania Association of Criminal Defense Lawyers, as well as the Pennsylvania and Bucks County Bar, and the Bucks County Inn of Court, he is a cum laude graduate of both West Chester University (B.S. Accounting 2004) and Widener University School of Law (J.D. 2007).

Leave a Comment

Your email address will not be published. Required fields are marked *