cop pulled you over saying your rear lights were flickering, you crossed the center lane (there is a 6 inch concrete barrier in the median with yellow poles and said you put your turn signal on 75% into switching lanes) Cop asked you for breathalizer. he said he could do it on the street or at the hospital. you chose the hospital. Got to the hospital, cop demanded your blood. you said you are terrified of needles and would do the urine test or breathalizer. Cop said NO.Cop never arrested you, let you go home, but you received a complaint in the mail 30 days later. In PA do you have the right to demand a breathalizer when you agreed to go to the hospital under the assumption it was for a breathalizer?
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
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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