Contact Us Today
If the arresting officer alleged that you refused to submit to a breath or blood test, then at trial the prosecutor will argue that the refusal shows "consciousness of guilty." In other words, the prosecutor will argue that the fact you refused indicates you knew the test would show your BAC (blood alcohol content) was over the legal limit or that there were drugs in your system. The defense attorney will argue that there are plenty of reasons why an innocent person might refuse to take the test.
At trial, the standard jury instructions provide that if the jury finds that the defense was asked for and refused to give a sample of his or her breath, blood or urine for testing, then the jury can consider that fact, along with other facts, when deciding whether the defendant was under the influence of alcohol. The jury can give the alleged refusal whatever weight and meaning it thinks it deserves. The other evidence can include the circumstances surrounding the request for the sample, the words of refusal, and other reasons the defendant gave for the refusal.
If you were charged with refusing to take a breath, blood, or urine test, then contact an experienced criminal defense attorney at Skinner Law Firm. Find out more about the pros and cons of refusing a blood or breath test and how it will impact how your DUI case is resolved. With offices in the Borough of Media in Delaware County, PA, Michael Skinner is ready to begin your defense today. Call to find out the potential penalties that might apply and important defenses that may apply in your case.
Call (610) 436-1410 to talk to an experienced criminal defense attorney today about your DUI case involving an alleged refusal to submit to a breath or blood test after an arrest in Delaware County, PA.
In many DUI cases in Delaware County, the prosecutor will allege that the defendant refused to give a sample of his or her breath, blood or urine for testing. A person can express "refusal" in words by saying “No, I will not submit to the chemical test.”
In some cases, the prosecutor will allege that the refusal was demonstrated by uncooperative conduct. In determining whether a refusal actually occurred, the jury is instructed to consider everything said and done by the police officer and the defendant and the surrounding circumstances at the time of the alleged refusal.
In some cases, the courts have found that if a person initially refuses, any later offer to submit to testing can still be regarded as a refusal due to the initial refusal even if he or she later offers a sample for testing. In other words, the defendant cannot necessarily recant or cure the refusal but then agreeing to submit to the chemical test.
Nevertheless, the jury should be able to consider the fact that you agreed to take the test after the initial refusal.
If you are charged with driving under the influence of alcohol in the Borough of Media or the surrounding areas of Delaware County, PA, then contact an experienced criminal defense attorney at Skinner Law Firm. Whether your case is for a first-time offense or a second or subsequent DUI arrest, find out what you need to do right now to protect all of your rights as you fight for the best possible resolution in your case.
With offices conveniently located in Media in Delaware County, Michael Skinner is ready to take your case and help you fight for the best result. After a DUI arrest in Delaware County, call (610) 436-1410 for a free consultation.
This article was last updated on Monday, February 8, 2016.