If you fight a refusal of chemical testing are and found not guilty, will your license remain suspended?

Asked on September 21, 2011 under Criminal Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The chemical testing laws in the state of Pennsylvania are consent laws and fighting them is a civil matter and not a criminal matter.   That means that the burden of proof in civil matters is lower than in criminal matters, so the state isn't required to prove its case "beyond a reasonable doubt" like the prosecutor in the criminal DUI case. You as the motorist must then prove that his refusal was not knowing or conscious or that he was physically unable to take the test and this can be done in two ways: express and implied.  And if you as the motorist are found to have won your case then yes, it is possible to get reinstatement of your license.  Speak with a DUI attorney in your area.


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