Chemical Test Refusal

Serving people in Levittown and many other Pennsylvania communities, Bucks County DUI lawyer John M. Kenney represents defendants who have been charged with drunk driving and other vehicular offenses. Mr. Kenney is a skilled litigator and experienced negotiator who fights to get clients' charges dropped or reduced whenever possible. He is also a straight talker who gives clients an open and honest assessment of their cases so that they know where they stand from the outset. Mr. Kenney has proudly served his neighbors in their times of need for more than three decades.

It is important to understand your legal rights if you are pulled over for a traffic violation or on suspicion of drunk driving. In order to pull a car over, a police officer must have a reasonable suspicion to believe that a violation or crime is taking place. This might come from observing a driver violating traffic laws, or otherwise driving aggressively or erratically. To make an arrest, the officer must have probable cause to believe that the person has violated the law. DUI cases often come down to the question of whether an officer had probable cause under the circumstances to believe that the person charged was driving while impaired.

Pennsylvania operates under an “implied consent” law, according to which a person who has been arrested for DUI is required to submit to a blood, breath, or chemical urine test. If you refuse to take that test, your driver’s license will be suspended for one year to 18 months.

Drivers must keep in mind that the implied consent law does not take effect until after an arrest is made. That means that you can decline to participate in field sobriety tests or to take a breathalyzer test after you have been pulled over and before a police officer informs you of the arrest. The officer should also inform you of the consequences of refusing the test. Refusing a chemical test after an arrest does not guarantee that you will not be convicted. However, failing the test also does not mean that you will lose your case in court. This is because the focus is often on the events leading up to the arrest and whether the officer had probable cause.

John M. Kenney has been representing defendants in DUI and other criminal cases since 1983. Mr. Kenney knows the requirements that the law places on police officers in these cases, and he has a strong track record of helping drivers minimize, reduce, or eliminate the charges against them. If you or a loved one is facing a drunk driving charge in Pennsylvania, contact Bucks County DUI attorney John M. Kenney at (215) 547-3031 or through our online form to set up a free consultation. He represents people who need a criminal defense attorney in Levittown, Yardley, Bristol, Morrisville, Fairless Hills, Langhorne, and other areas of Pennsylvania. Mr. Kenney is a straight shooter who can help you navigate the criminal justice system, negotiate with prosecutors, and fight your case through trial if necessary.