Pennsylvania is an implied consent state.  So, what does that mean if a police officer arrests you for driving under the influence?  Generally,  any person who operates a vehicle in Pennsylvania is deemed to have given consent to chemical tests to determine the amount of alcohol or the presence of a controlled substance in his blood.[1]  

Miranda warnings remind an individual detained by a police officer of his constitutional rights, specifically his Fifth Amendment privilege against self-incrimination and the Sixth Amendment right to counsel.  If you’ve ever watched an episode of Law & Order or Live PD, you’ve likely heard the Miranda warnings given. 

“You have the right to remain silent.  Anything you say can and will be used against you in a court of law.  You have the right to an attorney.  If you cannot afford an attorney, one will be appointed for you.”[2]  

No doubt these statements sound familiar to you.  You may even be able to recite them from memory.  But, what about these statements?  

You are under arrest for driving under the influence of alcohol or controlled substance.  You are being requested to submit to a chemical test.  If you refuse to submit to the chemical test, your operating privilege will be suspended for at least one year.  If you refuse to submit to the chemical test, and you are convicted of or plead to driving under the influence, you will be subject to more severe penalties.  You have no right to remain silent or speak to an attorney or anyone else before deciding whether to submit to testing.  Any request to speak with an attorney or anyone else or remaining silent will constitute a refusal to submit to chemical testing.[3]

While you’ve heard of the Miranda warnings, do you know what the O’Connell warnings are?  The O’Connell warnings are read when an officer arrests you for suspected DUI and requests you submit to a chemical test to determine the amount of alcohol or detect the presence of a controlled substance in your system.  

You may be thinking, “Wait!  My license will be suspended for at least one year?  I can be in more trouble if I don’t submit to the test?”  Yes.  While you have the privilege of not incriminating yourself, your license will be for a minimum of one year if you do not submit to the chemical test because of your implied consent – the consent you granted when you drove a vehicle in Pennsylvania.

It’s been said that the best defense is a good offense.  If you are going out and plan on consuming alcoholic beverages, make a plan.  Arrange for a designated, sober driver or utilize a ride share service, such as Uber or Lyft.  If you find yourself driving home after imbibing and see blue lights in your rearview mirror, remember two things.  

Silence is golden.  Respectfully decline to answer any questions.  If a police officer pulls you over for suspicion of DUI, you will likely be arrested, regardless of what you say.  Your quick wit and charm may have gotten you out of a speeding ticket, but they will not save you from a DUI charge.  The less you tell the officer, the better.  There’s no need to tell the officer if you’ve been drinking or how many drinks you’ve had.

Cooperate.  Don’t refuse to submit to a chemical test.  Given the fact that Pennsylvania is an implied consent state, your refusal to submit to a chemical test will result in a suspended license, even if you are found not guilty in a criminal court.  If a chemical test is not administered properly, your attorney may be able to dispute the validity of the results.  If the police officer requests that you submit to a field sobriety test, remember that physical limitations are relevant.  Be sure to inform the police officer of any physical limitations you have or have had in the past, prior to performing any field sobriety test.  If you have suffered an injury in the past or are currently injured, you may be unable to perform the walk and turn or one leg stand test.

No one ever plans on the night ending with a trip to the police station.  What you can plan on is being prepared and knowing the best way to handle a complex situation.  Remember the differences between the Miranda warnings and the O’Connell warnings.  Should you find yourself facing a DUI charge, consider contacting The Skeen Firm.  Let us help you navigate the criminal justice system and protect your rights.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.  

[1] 75 Pa. C.S.A. §1547

[2] Miranda v. Arizona, 384 US 436 (1966).

[3] Commonwealth v. O’Connell, 521 Pa. 242, 555 A.2d 873 (1989) (emphasis added)