Everything You Need to Know about PennDOT Hearings for DUI
Pennsylvania’s implied consent laws require drivers to submit to a chemical test of their blood, breath, and/or urine if a police officer has reasonable grounds to request such a test. However, drivers have the right to refuse such a test, which results in an automatic license suspension for at least one year in addition to any other DUI-related license suspension. If you have been arrested for DUI in Pennsylvania, it is important to understand your rights, the appeals process for PennDOT license suspensions, and the role of a skilled DUI defense lawyer. But, before we get into the specifics of PennDOT hearings in Pennsylvania, let’s discuss the potential consequences of a DUI charge and why it’s crucial to have the right legal representation on your side.
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What to Do If You Are Pulled Over for Drunk Driving
If a police officer suspects you of driving under the influence, they may ask you to submit to a chemical test. You are within your rights to refuse such a test; nevertheless, doing so will result in an automatic one-year suspension of your license from PennDOT in addition to any existing license suspensions linked to DUI. The cops can still charge you with DUI even if you refuse to take a chemical test. You can still contest your BAC test findings in court if they reveal you have a BAC over the legal limit, even though you submitted to the test.
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Appealing a PennDOT License Suspension
Pennsylvania law allows drivers to contest certain driver’s license suspensions. If PennDOT suspends your license due to a chemical test refusal, you can appeal the suspension. PennDOT has the burden of proving at the hearing that you willfully refused to submit to a chemical test. The judge will hear from the officer and the driver to assess whether or not there was an intentional refusal. The driver must have been clearly informed of the repercussions of declining a chemical test by the police. Furthermore, PennDOT needs solid proof of a refusal.
Related: Where Are Driver’s License Proceedings Conducted?
You should know your rights and retain the services of an experienced DUI defense attorney if you are facing DUI charges in Pennsylvania. Our legal team will spare no effort in defending your constitutional liberties, driving privileges, and good name. To speak with one of our DUI defense lawyers, call 610-565-9200 and reach the Law Office of Steven F. O’Meara right away.
PennDOT Administrative Hearings
A professional and experienced criminal defense attorney should be retained immediately following a DUI arrest. The attorneys representing those accused of driving under the influence at a PennDOT hearing or trial can address a variety of concerns that may come up, including:
- Was the police officer within his or her rights to pull the driver over and place him under arrest?
- Does the police officer have probable cause to ask for a breathalyzer test for DUI?
- Does the driver understand the implications of declining a chemical test?
- Do you know if the chemical test was carried out in accordance with all applicable laws?
- Just how high was the driver’s BAC?
- Were the police able to lawfully acquire any other evidence during the arrest?
RELATED: What happens if you get a DUI under 21 in Pennsylvania?
Finding an Experienced Lawyer to Represent You in a DUI Case
If you want to save your driving privileges and safeguard your legal rights, you need to hire a DUI defense attorney. Luckily, we have some of the greatest DUI attorneys and criminal lawyers in Delaware County, Pennsylvania, right here at the Law Office of Steven F. O’Meara. We understand that being accused of DUI can be frightening and stressful, and we promise to be by your side every step of the journey.
The implications of a conviction for driving under the influence in Pennsylvania can be extensive due to the state’s complex implied consent rules. That’s why it’s crucial to know your rights and get professional advice from a DUI defense attorney if you’ve been charged with this serious crime. At the Law Office of Steven F. O’Meara, we have the experience and resources necessary to safeguard your interests and ensure that you receive the best possible outcome.
So, if you need help defending a DUI charge, don’t hesitate to call 610-565-9200 to speak with one of our attorneys. We’ll be happy to assist you every step of the way.