The PA Chemical Test Refusal and the 5th Amendment
We all know that Americans are not required to incriminate themselves in criminal prosecutions. This right is explicitly enshrined in the 5th Amendment. It applies to any person arrested in a criminal case, right? Well, almost any person. If you are arrested for murder, rape, robbery, or burglary you can feel confident in this right. But if it’s a DUI case, forget it.
Pennsylvania law states that anyone arrested for DUI who refuses to provide a blood or breath sample (the single most incriminating piece of evidence in the case) to police upon request will be subject to increased criminal penalties upon conviction. Not only that, but the fact that the defendant refused to submit to the test may be introduced into evidence at trial to show consciousness of guilt. So much for idea that the jury may not be allowed to infer guilt merely from the defendant’s decision to exercise his 5th Amendment rights.
If you’ve been arrested for DUI in Pennsylvania, whether you submitted to the BAC test or not, you need the services of a knowledgeable lawyer to fight for you. Call Pennsylvania DUI Lawyer Richard J. Emhof at 1-866-457-9957 or email for a free initial consultation.
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