A local lawyer appears on the radio. There is nothing wrong with appearing on the radio and offering general legal information. However, this is where the law and media coupling gets tricky.
I recently found myself in the position of helping a client through a DUI w/ Refusal. When I asked him why he chose to refuse the blood test, he responded "[Radio Lawyer] said I should refuse all testing." Certainly, this lawyer did not intend to make such a broad statement. To do so would be malpractice. Moreover, to do so would result in substantial consequences to his listeners, just as it did here.
I believe that Radio Lawyer stated that a person should not comply with a request for field sobriety tests. This would be appropriate advice. However, when broadcast to the masses, the message gets lost.
Here is the straight scoop: If the police suspect that you are operating a motor vehicle after imbibing alcohol they may request you submit to a chemical test. If you refuse to comply, you may suffer a license suspension of 12 or 18 months. This is distinct from the criminal charges you may face.
Because you refused, you criminal charges will be treated exactly the same as an individual with a BAC above .16%. Moreover, in some cases, you will be ineligible for the ARD Program.
The Morgan Law Firm has helped hundreds of clients charged with DUI. In many cases, we have helped our clients achieve successful outcomes. We may be able to help you.
Free DUI Case Evaluation
The Morgan Law Firm
www.fdeanmorgan.com
1-888-821-9446
The Associates, Senior Attorneys and Staff of my firm represent individuals charged with DUI throughout Pennsylvania. In every case, including those eligible for the ARD Program, we always perform a full and fair evaluation of your case.
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