Pennsylvania Implied Consent

As you stood in line waiting at the Department of Transportation, it’s very unlikely that one of the state employees bothered to tell you about a little law known as Implied Consent. But away you went signing the paperwork in a rush to get out of there without realizing that you have just “agreed” to a law simply by being a licensed driver in the state of Pennsylvania.

If you were to randomly stop people driving along the state’s highways, almost all (if not all) would have no clue what the Implied Consent law even is. However, this very important law will affect you if you are charged with DUI and are asked to submit to a chemical test.

What is Implied Consent?

Under Pennsylvania law, if you are a licensed driver in the state, you have given your implied consent to taking a chemical test (blood, breath or urine) if police officers stop you and suspect that you are driving under the influence of drugs and/or alcohol.

Why was Implied Consent put into place?

Basically this is a way for the state to gain evidence on you that they can present in court as “proof” that you are driving under the influence. And under Pennsylvania’s “per se” law, the prosecution only has to prove that you failed a chemical test by going over the state’s legal limit of .08% blood alcohol content—they do not need to prove that you were “drunk.”

What happens if I refuse a chemical test?

Remember that the state wants you to submit to a chemical test so that they can get evidence on you. So you can probably guess that by refusing a chemical test (police cannot physically force you to take one) you are facing some serious penalties. However, that does not mean you should plead guilty to DUI simply for refusing a chemical test.

We have successfully represented clients that have refused chemical tests and those that have “failed” chemical tests. We want to ensure that your rights are protected in court, so contact us today!