Pennsylvania law states that a person should not operate a vehicle if they have consumed enough alcohol to:
- Prevent them from safely operating the vehicle
- Place their BAC (Blood Alcohol Content) above .08%
- Have enough active ingredient or drug metabolite in their system to put them over the Pennsylvania Statutory limit.
Punishments increase in severity based on a person’s blood alcohol content. These punishments range from probation with no jail time up to a mandatory minimum of one year in state prison.
The law doesn’t allow for additional penalties for refusal of a blood test without a warrant, but doing so requires a mandatory 1-year license suspension by the Department of motor vehicles. This still applies if the police do not receive a warrant to draw your blood.
A warrant will be requested each time there is a case with a repeat DUI offender. In the case of a first offender, York police will be allowed to use discretion. They may request a warrant when they feel it is necessary or rely on the breathalyzer.
A breathalyzer can test only for alcohol consumption while a blood test can show both alcohol and drug consumption. This can become an issue when taking drugs such as marijuana into consideration. Marijuana can stay in your system and show on a blood test up to 30 after its use and long after the effects have worn off.
A person can be charged with obstruction of the administration of law if they refuse a blood test after a warrant has been issued. Many attorneys have questioned the validity of such a charge because the law is not completely clear on whether an obstruction charge is proper for failing to comply.
No Criminal proceeding is simple or straightforward. You need an attorney present to ensure your rights are protected. Contact The Shelton Firm today to handle your York DUI case. Call us now at 717-823-0899 to schedule a consultation
At The Shelton Firm we offer legal services ranging from Criminal Defense, Personal Injury, Automobile Accidents, DUI, Divorce and Separation Issues, Expungements and Sealing of criminal records, and Traffic Ticket defense. Our goal is to bring quality and affordable representation to the residents of Chester, York, Lebanon and Lancaster County