Can I be charged with refusing a chemical test if it was not listed as one of the charges on my preliminary hearing notice?

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I was charged with a DUI for controlled substances, and the official charge listed on my Preliminary Hearing Notice is for violation of Title 75 Section 3802-D1, but the officer stated that I refused a blood test in his affadavit of probable cause. If I was not initially charged with the refusal or for violation of section 1547, can I still be charged with it at a later date? I want to challenge the charges but am worried about getting the additional refusal charge.

Attorney Answers

4
Robert Keller ·
Retain a local criminal defense attorney who has expertise with DUI cases. He or she will be able to protect your interests in both the DUI and the aledged refusal. Good luck.
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Zachary CooperDUI / DWI AttorneyPhiladelphia, PA ·
I would retain counsel who handles DUI cases. There are two seperate issues that have to be dealt with. (1) The DUI charge which is a criminal offense and (2) the refusal which is civil and handled separately. An attorney will be able to go over your case with you including any defenses that you may have.
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Ellis B. KleinDUI / DWI AttorneyPennsylvania ·
Yes, the Commonwealth can amend their charges at any point in time to add counts that they feel that they can prove. As far as the refusal I can also happen at a later date so it would be in your best interest to contact an experienced DUI attorney
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William Jones ·
I agree with my colleagues recommendation that you retain counsel to represent you in this matter. I write separately, however, to respond more specifically to your specific question about the absence of a charge for your refusal. Section 1547 of the Vehicle Code does not set forth a separately chargeable vehicle offense, which is why you don't see such a charge on your paperwork. The fact of refusal, however, has both negative evidentiary and license suspension consequences for you. Please get yourself a competent DUI attorney in your area without further delay.
0 upvotes