Implied Consent in Uniontown, PA

What is Implied Consent?

While the term “Implied Consent” might sound like obscure legal jargon, it is actually a law with significant consequences for anyone operating a vehicle. Essentially, this concept acts as a mandate that compels a driver to submit to an initial breath test. These tests are critical for determining the specific concentration of drugs or alcohol present in the body. If a driver is suspected of OVI or DUI, they can be legally forced to undergo this testing. The logic behind the creation of this law is straightforward: by the simple act of driving your car on the roads of Pennsylvania, you have already implicitly agreed to submit to breath testing and face lawful arrest should you be driving under the influence.

When you are in the process of applying for a driver’s license in the state of Pennsylvania, you will sign a form that includes the details of implied consent. It is vital to understand what you are signing. If you are unsure about these details, a Uniontown criminal lawyer can help you review the documentation so you fully realize the impact of this agreement.

If you find yourself facing an arrest on the roads of Fayette County, and you have already submitted to the breath analysis test, the next step is crucial. You are free to connect with a legal professional to attempt to reduce the severity of the charges and consequences, or potentially get the charges dismissed entirely. Visit the Logue Law Group today and allow our team to handle your case with the necessary expertise.

What will happen if You do not appear for the test?

If you choose not to submit to a blood, urine, or breath test at the time of your arrest, you are likely to face immediate repercussions, specifically the revocation of your driver’s license. Furthermore, under the law, you are generally required to agree to a secondary Blood Alcohol Concentration test. If you refuse to appear for this specific test, a refusal appeal must be filed within a strict timeframe involving a month of bond, arraignment, and release. If you fail to meet this deadline, you can look forward to penalties including fines ranging from $100 to $500 and up to six months of jail time. Beyond this, you may face a license suspension for nearly a year and be required to install an interlock device in your car for thirteen and a half months. These penalties are complex; if you find them difficult to navigate, you will need legal assistance from a Uniontown DUI attorney.

Refusing to appear for a Chemical Test

Once you face a DUI arrest in the state of Pennsylvania, authorities will conduct another chemical test, and the police require you to agree to it. This procedure includes a blood, urine, or breath test. If you refuse to appear for this test, you will face much more severe penalties. Within 48 hours of your refusal to test, the relevant commissioner will receive a written report from the police stating that:

• Your arrest was conducted lawfully
• They have adequate causes to suspect that you were intoxicated or driving under the influence
• You have agreed not to appear for the test
• The police had warned you verbally about the impact of refusing the test 

Can You Consult Your Lawyer Before going for the test?

This is generally not permissible. You cannot discuss the decision to test with your legal counsel before the tests are carried out. You are typically only able to discuss this with your Uniontown criminal lawyer and face potential jail time after the completion of the tests.

Consult With a Uniontown DUI attorney

You may have many questions regarding Implied Consent rules, and you can find answers at the Logue Law Group. We are here to resolve your queries instantly and ensure that you obtain a favorable outcome in Fayette County. Contact us844.PITT.DUI today for the details.