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Outside_County_5239 t1_iyb0n1a wrote

Reply to comment by Newkid92 in New Pa. law increases penalties for repeat DUI offenses by t800x

You can't refuse anyway cause if you do they automatically charge you with a DUI of the highest tier.

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Newkid92 t1_iyb0wsb wrote

Thats not true

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Dokukyo t1_iycip2z wrote

This happened to my mom, blood test refusal got her a DUI on the grounds that refusal was equal to guilt and self imposed denial of proving oneself innocent. Any idea of the timeframe when this was changed?

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Newkid92 t1_iydc2oh wrote

here

At the bottom of it has the sources PA Laws and the recent cases

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Outside_County_5239 t1_iyb148a wrote

Idk man that's my understanding. Let me rephrase. If they have suspicion and you refuse the sobriety test and blood test and breath alayzer yeah it's automatically charged a DUI.

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Newkid92 t1_iyb2u57 wrote

Danny Birchfield fought the case all the way up to the Supreme Court. With a vote of 7 – 1, it was determined by the highest federal court that laws requiring people to adhere to a chemical test were unconstitutional (at least without a warrant). Breath tests are still deemed constitutional. The chemical test was deemed unconstitutional because of the level of physical intrusion and the availability of other options.

A total of 13 states made it illegal to refuse a chemical test. The punishments for refusal were just as bad as the consequences for a DUI

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Newkid92 t1_iyb2ofo wrote

For some reason if you were guilty or not, from what i was told it would be best to refuse the chemical test and make them get a warrant, your license will get suspended at first but you'd appeal that with Penndot. Youd have a good chance of it getting thrown out depending on circumstances. Blood tests in pa are considered unconstitutional

Hey I don't care if i get down voted, id rather people know their rights then to be scared into waving them.

Also alcohol isn't the only thing that will get you a dui, if you are a medical majianua patient and haven't used it in days you will still get a positive blood test even if you were driving sober. So until they change that know your rights peeps.

Update: spelling

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