November 19, 2013

DUI Suspect Refuses Blood Test Resulting in License Suspension

Police LogoKetan B. Vora was arrested for a DUI early on the morning of June 1, 2012, but it didn’t end there.

PA state law requires that a blood sample is required following a DUI arrest, and Vora declined to do this at least 20 times while at Chester County  hospital, according to the arresting officer.

However, Vora soon changed his mind after arriving at the West Goshen police station. He wanted a “mulligan,” or a do-over on giving the blood sample.

By that time, the cops refused to give Vora a second chance.

Under PA’s implied consent rule, motorists are required to provide blood samples in such situations. A refusal results in an automatic license suspension, regardless of the outcome of the DUI case.

Vora took the case to the court this fall where the Commonwealth Court upheld the decision, resulting in the one-year license suspension.

Vora claimed in his appeal that he was drunk and confused when he refused to give blood, as he thought the officer was trying to get him to waive his right to an attorney.

According to the judge, the court consistently rules that even one refusal to provide a blood sample is enough to suspend the license of a DUI suspect. The rule is only waived if a suspect is physically incapable of providing blood.

Read more about this case. 

Posted In: Criminal Defense, DUI