WHY SHOULD I SUBMIT TO A BLOOD-ALCOHOL TEST IF I AM PULLED OVER BY A POLICE OFFICER?By Steven F. Fairlie, Esquire Philadelphia Magazine, December 2005 "Refusing the test subjects the driver to an automatic one-year suspension in addition to any imposed DUI penalties, even if the driver is eventually found not guilty of DUI," says Rising Star Steven F. Fairlie of Rubin, Glickman, Steinberg and Gifford. Fairlie says a refusal is considered "consciousness of guilt" in a DUI prosecution. "Despite common misconceptions, the prosecution need not prove a certain blood-alcohol concentration level to obtain a DUI conviction," he says. "Instead, the only proof required is that the person drive ‘after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of driving safely.’" A refusal usually does not prevent conviction; in fact, it can lead to the conviction of someone who was not over the legal limit. Fairlie says a judge will assume an individual’s BAC was the highest possible if that person refused testing and is ultimately convicted of DUI. "Therefore," Fairlie says, "[that person] is subjected to more stringent penalties than might otherwise have been imposed." |
