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KMKM LAW GROUP, P.C. | 215-266-8544 (DIRECT LINE | 24/7)

HOLIDAY DUI / REFUSALS

At this time of year there are many holiday parties and sadly some folks will drink and drive. This unsafe 
 
behavior may lead to arrests, incarceration, job loss, license suspension, and other tragic consequences. 
 
When a person is under arrest, the police officer typically will perform a sobriety test.  This testing may 
 
include a blood test and/or  Breathalyzer. The offer will ask the driver to sign a consent form for these 
 
tests. Under Pennsylvania Law, the driver automatically consents to this test as a licensed driver. 
 
However, formal consent must still be asked for by the officer. Normally the driver will sign the consent 
 
form and then the test will take place. Testing for DUI must take place within two hours of the stop or 
 
else the stop can be challenged by defense counsel.  If a driver refuses this testing, then they are 
 
subjected to an automatic one year driver license suspension regardless of how their criminal case turns 
 
out. What to do? Penndot has their own system for dealing with these issues and it outside of the 
 
criminal system. You should ask for advice from one of our attorney's s that you can navigate this very 
 
important privilege and ensure your rights are protected at every turn. 
 
For more questions, contact us KMKM Law Group, PC at 215-423-5500 or toll-free at 1-800-961-7410.
 
By Thomas D. Kenny, Esquire.