Viewing a single comment thread. View all comments

Newkid92 t1_iyb0wsb wrote

Reply to comment by Outside_County_5239 in New Pa. law increases penalties for repeat DUI offenses by t800x

Thats not true

0

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?

3

Newkid92 t1_iydc2oh wrote

here

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

1

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.

2

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

4

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

1