Pulled over in Pa for dui, if the police asked you to take a blood test do you have to sign a form to refuse?

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My boyfriend was out having dinner and a few beers and got pulled over, he blew a .09, but was never asked to go for a blood screen, then he went to meet with the police and they said he did refuse, don't they have to have you fill out a form for either getting one or refusing one?? Also, where is a good site where I can get Pennsylvania DUI laws that are legitimate? Thanks for all your help in advance. No smart comments please, this is serious.
ok, well he hasn't and wasn't arrested for anything that night, nothing! Which was more than a week ago, it was a .09, not a .9, so it wasn't high, our pa law is anything over.08. All I am asking is where I can see the laws myself, just to look at, incase he gets charges, also he does have a lawyer if he does get charged officially. PS-I definitely know drinking and driving is wrong and now so does he, and I thank goodness nothing happened to anyone.


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  1. John H says:
    May 31, 2010 at 11:17 pm

    I’m not sure about PA, but a lot of States are similar in how they handle DUI’s.

    Here, in KS, the offender may be given a PBT, and if the result is over .08, they will be arrested. The offender, generally after arriving at the jail, will be read a notice advising what happens if they fail or refuse the official breath test. At the conclusion of the reading the officer will ask if they will submit to the test and will mark the form accordingly. The offender is given a copy of the notice, but it may not be marked.

    While this is going on, the breath test machine is counting down from 20 minutes. At the end of the time, the machine will go through it checks and is ready to accept the offender breath. If the offender has refused the test, the machine will so an inadequate sample was given, and will print a report to that effect.

    I hope your boyfriend has learned his lesson and knows that it’s not OK to drink and drive.

  2. davidmi711 says:
    May 31, 2010 at 11:17 pm

    "Also, where is a good site where I can get Pennsylvania DUI laws that are legitimate?" – If he wants to plead not guilty and fight the charge, he is only going to be successful by hiring a lawyer. You are not going to mount a decent defense by searching laws on the internet.

  3. kerfitz says:
    May 31, 2010 at 11:17 pm

    If he blew a .9 He didn’t need to go for a blood screen, he was legally DWI, and will have to suffer the consequences of his actions. He could have gone to get a blood screen on his own to show that the breathalyzer was inaccurate, but that would have been on him to do.

  4. Mr. Mitra says:
    May 31, 2010 at 11:17 pm

    You have to fill out a form if you refuse ALL sobriety tests but since he took a breathalizer that does not apply to him. He can ask to have a blood screen done but the cops do not have to ask him.

  5. chey86 says:
    May 31, 2010 at 11:17 pm

    they don’t send you for a blood test… and a .09 is pretty high…. so he is going to have to suffer from the consquences

    and if he did refuse… and doesn’t remember… he should ask for a recording of the surveillance from the cop car.

  6. Enjoi says:
    May 31, 2010 at 11:17 pm

    ok seriously…drinking and driving should not be open for discussion. he drank and drove…that is not allowed! he could have killed someone. then what? would you have appealed because the cops DIDNT pull him over and save lives. you dont know what could have happened. if it wasnt for the cops checking for DUI someone could be dead including your boyfriend. tell him to get a designated driver nextime. .

  7. Marine5 says:
    May 31, 2010 at 11:17 pm

    Why are you trying to find ways to beat a DUI…
    With a .09 he is screwed…with that number
    he had more than just a couple…
    The only person to blame is himself…

    He broke the Law and got Caught…
    Now it is time to pay the fiddler…
    a) Fine $1000.00 + Court Costs + Surcharges…
    b) Lawyer…$2000.00…
    c) Loss of License…$$$
    d) Cost of Insurance will at least Double…$$$
    e) Cost of Insurance for anyone Living
    in the same abode…will Double also…$$$
    (That came about because to many people
    with DUI’s were driving someone elses Car
    causing to many accidents/deaths)
    f) DUI School and Counseling $2-3K…

    Personally I want to thank the Police Officers
    that caught him…WELL DONE !!!!

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