For a DUI arrest, do the officers have to read you the implied consent form?

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For a DUI arrest, do the officers have to read you the implied consent form?

First I was handcuffed and told just “I have to handcuff you and take you to hospital for tests”, no Miranda. I wasn’t told tht I as under arrest, I just assumed. I never had a choice of test but I think the law requires a choice. I was never told the BAC reading from portable (which I asked fo 2 times). I refused a sobriety test, as I have a physical disability, plus I never got to see the paper that I signed since the nurse was standing in the way. I was told that I had to sign, so I reached over and signed it. The blood test will come later in mail. The officers can write down any % from portable for probable cause?

Asked on July 6, 2012 under Criminal Law, Pennsylvania

Answers:

Andrew Goldberg

Answered 11 years ago | Contributor

Unfortunately, in the DUI setting, the police do not have to read you Miranda rights. This is a holding of the Pa. Supreme Court. In Pennsylvania, the police do not (!) need your consent to take you for a chemical test ( blood and/or breathalyzer ). Pennsylvania has a Law called  Implied Consent, meaning you have no choice. Lastly, you cannot pick which test to undergo. If you refused the blood or breathalyzer test, your license will be suspended for 1 year and you will automatically be in the 3rd tier. I apologize for all the bad news.


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