For a DUI arrest, do the officers have to read you the implied consent form?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
For a DUI arrest, do the officers have to read you the implied consent form?
First I was handcuffed and told just “I have to handcuff you and take you to hospital for tests”, no Miranda. I wasn’t told tht I as under arrest, I just assumed. I never had a choice of test but I think the law requires a choice. I was never told the BAC reading from portable (which I asked fo 2 times). I refused a sobriety test, as I have a physical disability, plus I never got to see the paper that I signed since the nurse was standing in the way. I was told that I had to sign, so I reached over and signed it. The blood test will come later in mail. The officers can write down any % from portable for probable cause?
Asked on July 6, 2012 under Criminal Law, Pennsylvania
Answers:
Andrew Goldberg
Answered 12 years ago | Contributor
Unfortunately, in the DUI setting, the police do not have to read you Miranda rights. This is a holding of the Pa. Supreme Court. In Pennsylvania, the police do not (!) need your consent to take you for a chemical test ( blood and/or breathalyzer ). Pennsylvania has a Law called Implied Consent, meaning you have no choice. Lastly, you cannot pick which test to undergo. If you refused the blood or breathalyzer test, your license will be suspended for 1 year and you will automatically be in the 3rd tier. I apologize for all the bad news.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.