If I was not arrested, could I be charged with a DUI?

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If I was not arrested, could I be charged with a DUI?

I was in an accident hit from behind. I had to receive medical treatment. While in the ambulance, an officer asked me to take a blood test and I said for what and he didn’t respond and I said no. He then stated “are you refusing” I said I don’t understand what that means and he never answered me. At that time the ambulance driver said Dr. Bell wants you to go to the hospital. I just went and picked up my police report and it states that I was charged with a DUI and that I refused a blood test.

Asked on May 6, 2009 under Criminal Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You can be cited for a DUI under these circumstances.  And under the implied consent law vehicle drivers must submit to a blood test if suspected of DUI.  If a driver refuses to submit to such testing, implied consent laws carry severe penalties.  In Pennsylvania refusal to take the test results in an automatic 1 year suspension of your license.

Since this is a criminal matter, you really should get a lawyer to represent you on this.  The sooner the better.  Perhaps, especially if this is a first offense (?), he may be able to get the charges thrown out on a technicality of some sort or at least have the charges reduced (ie the officer failed to specify the penalty for testing refusal). 

Remember this affects not only your driving record but your criminal record as well.  I suggest retaining an attorney that specializes in DUI cases. 


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