Pennsylvania DUI Arrests: Decoding Blood Test Evidence
In the state of Pennsylvania, intoxicated driving is a serious criminal charge. If you find yourself in the middle of a DUI investigation, you are requested to provide a blood sample. The officer will request it if you refuse a breathalyzer test. Or if they believe you’ve consumed drugs. However, if you refuse to take this test, a warrant might be issued. Then, they can take a blood sample without or with your consent.
There’s a lot of confusion about your obligations and rights when it comes to blood tests and drunk driving. What you should or should not do can have a considerable impact on your criminal charges. That’s why you need to immediately seek the legal help of a proficient Pittsburgh DUI attorney.
At Logue Law Group, our Pittsburgh DUI attorney wants to make sure you are informed about your rights and the effects that the wrong steps can lead to. We make sure you understand where you stand and what you can do during an active DUI investigation.
Are Blood Tests Necessary?
On the topic of consent for blood sample collection, Pennsylvania has the implied consent law. If you’re arrested for DUI, you’re required to submit to a chemical test. Your license can get automatically suspended for 18 months if you refuse to take a chemical test.
However, this doesn’t mean that a chemical test is the only way you will be arrested for DUI. There are other factors that officers often base their decision to arrest you. For probable DUI causes, the following may be used as evidence:
- Reports of unstable driving behaviors.
- Evidence of driving too slowly, swerving, failing to yield, speeding, failing to stop, and other indications of intoxicated driving.
- Blurry or red eyes.
- Alcohol smells on your breath.
- Failing field sobriety tests, including touching finger to nose, walking in a straight line, reciting the alphabet, or standing on one leg.
- Pupil dilation
- Contextual clues
These can be used to make a case for DUI, but they aren’t adequate on its own.
Could You Say No to a Chemical Test?
The short answer to this is not really. The other evidence we mentioned above isn’t always adequate for a conviction. Refusal to take the urine, blood, or breath test also doesn’t guarantee inadequate evidence for the prosecution. Additionally, prosecution usually uses your refusal as evidence. They will argue you didn’t take the test because you knew you wouldn’t pass, which indicates you were drunk. A Pittsburgh DUI attorney who knows what they are doing helps you fight these charges in court.
Moreover, refusing a blood, breath, or urine test immediately triggers the implied consent laws. And as we mentioned, you can lose your license and face extra penalties with or without a DUI conviction. Therefore, sometimes, refusing a chemical test is worse than consenting to them in the first place. During sentencing, judges often don’t consider refusals kindly.
You usually have the right to refuse, but it’s better to be aware of the possible consequences, no matter your choice. Eventually, the decision to consent to a chemical test is one you have to weigh personally. But, in either situation, you must consult a Pittsburgh DUI attorney right away to build a solid defense against the evidence.
Call Logue Law Group at our toll-free number 844.PITT.DUI if you get arrested for a DUI. Our Pittsburgh DUI attorney will work with you to ensure the best possible outcome. You can also reach out to us at sean@seanloguelaw.com.