If you fight a refusal of chemical testing are and found not guilty, will your license remain suspended?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
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.