Based on Pennsylvania law, the penalties for a DUI are enhanced dramatically in cases where the accused refuses to submit to chemical testing. As discussed in an earlier blog, refusal can come from the accused expressly refusing (i.e. saying “No, I will not agree to submit to chemical testing).
In those cases, if the case goes to trial, the Commonwealth must show that the arresting officer read the implied consent warning to the accused, the accused understood the warning, and expressly stated that he would not agree to submit to testing (generally this is accompanied with the implied consent form signed by the accused where the accused indicates his refusal).
The accused could also suffer the enhanced penalties of refusal to submit to chemical testing if the jury believes that the defendant’s conduct constituted a refusal. In those cases, the case is much more complicated and the analysis is very factually sensitive. In cases where the accused’s conduct is the basis for the refusal, the Commonwealth must prove that the arresting officer either fully read the implied consent warnings or that the arresting officer attempted to read the warnings, but could not complete the warning because the accused acted so belligerently.
If a loved one has been arrested for a DUI and they are being charged with refusing to submit to chemical testing, contact the experience and aggressive attorneys at the Kelly Law Firm for a free consultation.
