DUI – Don’t do the “Macarena”

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Pennsylvania has an implied consent rule -- by "driving," "operating," or being in "actual physical control" of a motor vehicle in Pennsylvania you impliedly consent to chemical testing of your blood, breath, or urine for the presence of alcohol or drugs if a police officer has reasonable grounds to believe that you are operating the vehicle while legally impaired.

The "Field Sobriety Tests" are not "Chemical Testing," and they are not administered to prove you are intoxicated, they are the officer trying to create a record of proof that he had "reasonable grounds" to require a chemical test, and you aren't required to perform them.

Our advice is to politely refuse to do these tests, "With respect Officer, I will only do the chemical tests that are required by the law.

You may find that the officer will threaten you with the implied consent law, but you aren't refusing to do the testing required by the implied consent law.  You  are simply refusing to help the officer collect evidence that he had reasonable grounds to require chemical testing.

The officer can bring up the fact that you refused the field tests in court, and you can explain yourself...You also wont have to argue against an officer's subjective assessment.  Among other things, these tests are unscientific and have been demonstrated to be quite fallible.   --JMF DUI Team

 

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