No. You have no right to select the type of BAC test that you receive. Your bigger problem that the DUI is the refusal since you refused the Blood test Penn DOT will hit you with a one year licenses suspension above and beyond any that you receive if convicted or admitted to an ARD program. You need counsel ASAP.
Adam D. Zucker, Esq.
Lansdale & Conshohocken, PA
This information does not create an attorney /client relationship and should not be use or relied upon to make any decision in your case. Only consultation with your own attorney can provide you with the advice you need for your case.
You should sit down with an attorney and review everything with them. Discussing it online is not a good idea. Many attorneys, including myself, offer free consultations at their office.
Michael L. Doyle
Generally, the cop chooses the test, if you refuse you are guilty if the initial stop was proper. Driving is a privilege, not a right. You may be eligible for ARD but you will automatically lose your license for 1 year for refusal to submit to testing. You should seek counsel immediately, any lawyer worth talking to will offer a free consultation for 20 or 30 minutes to give you options and costs.
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