Legal Question in DUI Law in Pennsylvania
as a result of a car accident i received serious head trauma and injuries and was taken to the hospital for sutures. while at the hospital the officer said he asked me to submit to a blood-alcohol test. he stated i said no and that i refused the blood test. i do not remember this conversation. the officer stated on the affidavit that he smelled alcohol on my breath. i was subsequently charged with a misdemeanor DUI charge amongst several other pending charges and was incarcerated for two days in a correctional facility. bail was eventfully posted. the following day i was admitted into a local hospital and had emergency brain surgery for a epidoral hemotoba, (clot) brain bleed , a concussion from the fractured skull as well as a fractured jaw bone. what is my defense to the charge of DUI and to refusing the blood test?
1 Answer from Attorneys
You might have a defense to the refusal under the circumstances in which you found yourself--and your mental and physical state--
You must file an appeal from any suspension within thirty days of the mail date of the notice or you lose your license for a substantiakl amount of time
You should absolutely talk to an attorney about the DUI charge
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