Under the Pennsylvania Implied Consent Law, a driver who is suspected of driving under the influence of alcohol but refuses to submit to chemical testing can suffer a suspension of his or her license. To suspend a license pursuant to the Implied Consent Law, the Department of Transportation must prove several elements, one of which is reasonable grounds for suspicion of DUI.
In Dillon v. Commonwealth, the Commonwealth Court recently analyzed what constitutes reasonable grounds as it pertains to the civil context of license suspension. If you were charged with a DUI, you should meet with an experienced Pennsylvania DUI attorney to discuss the facts surrounding your arrest and how they affect your case.
The Defendant’s Traffic Stop
Allegedly, an officer observed the defendant swerving in the roadway and effected a traffic stop. Upon approaching the vehicle, the officer noticed the defendant had difficulty identifying his license in a stack of cards and carried a strong odor of alcohol. Additionally, the defendant’s speech was slightly slurred and his eyes were bloodshot and glassy. The officer asked the defendant if he had been drinking and the defendant replied that he’d had a few drinks with dinner. The officer asked the defendant to submit to a breath test, but the defendant refused. The officer then transported the defendant to the police station.