If I was not arrested, could I be charged with a DUI?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 14 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.