Pennsylvania Vehicle Code - The Pennsylvania Implied Consent Provision - Right to Refuse Chemical Testing to Determine Amount of Alcohol or Controlled Substances

Authors

Dorothy J. Petrancosta

Abstract

The Pennsylvania Supreme Court has held that an individual charged with driving under the influence of alcohol or controlled substances, and/or with driving with a blood alcohol level in excess of .10%, has a statutory right to refuse chemical testing of the blood for the presence of alcohol or controlled substances and that test results obtained in contravention of the right to refuse are inadmissible into evidence at trial on the charges.

Commonwealth v Eisenhart, ___ Pa ___, 611 A2d 681 (1992).

First Page

671

Recommended Citation

Dorothy J. Petrancosta, Pennsylvania Vehicle Code - The Pennsylvania Implied Consent Provision - Right to Refuse Chemical Testing to Determine Amount of Alcohol or Controlled Substances, 31 Duq. L. Rev. 671 (1993).
Available at: https://dsc.duq.edu/dlr/vol31/iss3/14