New Pennsylvania DUI refusal suspension case
In a new Pennsylvania DUI case, decided on January 7, 2009, the Commonwealth Court of Pennsylvania upheld the 18 month suspension of a driver accused of DUI.
The case is William SCHLAG v PennDOT, Bureau of Driver Licensing, and it goes through an analysis of what the DOT must show in a DUI refusal hearing.
Quotes from the opinion:
As to the merits, we note, to sustain a suspension of operating privileges under Section 1547 of the Vehicle Code, PennDOT must establish a licensee: (1) was arrested for DUI by a police officer who had reasonable grounds to believe the licensee was operating or was in actual physical control of the movement of the vehicle while under the influence of alcohol; (2) was asked to submit to a chemical test; (3) refused to do so; and (4) was warned refusal might result in a license suspension. Banner v. Dep't of Transp., Bureau of Driver Licensing, 558 Pa. 439, 737 A.2d 1203 (1999).
As to the merits, we note, to sustain a suspension of operating privileges under Section 1547 of the Vehicle Code, PennDOT must establish a licensee: (1) was arrested for DUI by a police officer who had reasonable grounds to believe the licensee was operating or was in actual physical control of the movement of the vehicle while under the influence of alcohol; (2) was asked to submit to a chemical test; (3) refused to do so; and (4) was warned refusal might result in a license suspension. Banner v. Dep't of Transp., Bureau of Driver Licensing, 558 Pa. 439, 737 A.2d 1203 (1999).
Comments:
Nothing noteworthy about this opinion except it gives a good outline of what Pennsylvania courts will consider in regards to refusal hearings. It shows how much power and discretion the average Pennsylvania police officer has over a citizen accused of DUI, and how difficult it is to save a drivers license from PennDOT even if you were not the driver of the vehicle, when an officer alleges you refused the DUI chemical test.
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