If the police stop your vehicle, they may ask you to take a chemical test. It’s usually a breath test that you take by blowing into a tube. Implied consent laws are a law in Pennsylvania that says that you can be penalized for refusing to take the test. Our criminal defense attorney team explains Pennsylvania implied consent laws.

By driving a motor vehicle in Pennsylvania, you’ve already agreed to a few things. By signing and accepting your license, you promise to give your license and proof of insurance to a law enforcement offer if you’re asked to do so. In addition, you consent to take a chemical test if you’re suspected of drunk driving. Implied consent is the name for your unspoken agreement to take a chemical test as a licensed driver in Pennsylvania. Implied consent laws in Pennsylvania are also called O’Connell Warnings.

What do I have to do when it comes to implied consent laws?

If the police investigate you for drunk driving, you have to take a chemical test to show your alcohol levels. A blood, breath or urine test may be used. Breath tests are the most common because they’re the easiest to give. If you refuse the test, you’re subject to penalties for being in violation of the implied consent laws.

What happens if you refuse implied consent in Pennsylvania?

If you refuse implied consent in Pennsylvania, you automatically lose your driver’s license for one year. This is true whether you are guilty of drunk driving or not. Even if the police were wrong in their suspicions, or even if they cannot prove the legal case against you for drunk driving, you still must serve the license suspension. If you refuse a chemical test a second or third time, the license suspension lasts for a period of 18 months.

How do I fight an implied consent license suspension?

You have the right to fight an implied consent license suspension. The hearing isn’t about whether you’re guilty of drunk driving, but rather about the circumstances surrounding your refusal to take the test. The law enforcement officer should properly read your O’Connell Warnings, and they must also have had probable cause to conduct the investigation. You have only a short period of time to request an implied consent hearing.

Do not let the 30-day window expire without requesting a hearing. It is not a trial in front of a jury, but rather an administrative hearing in front of a hearing officer. Remember, you must also fight any drunk driving charges or traffic tickets in separate proceedings. You have the right to the assistance of a criminal defense attorney.

Attorneys for implied consent hearings in Pennsylvania

Is your license suspended because of refusal to take a chemical test? Contact our criminal defense attorneys to talk about your case. The timeline is very short, so don’t wait. We can help you with a strong and complete defense of all of the legal issues that you are facing. Contact us today.