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DUI: Implied Consent

Every time you renew your license at PennDot in Pennsylvania, you sign a form giving the Commonwealth the right to draw blood, breath, or urine if you are arrested by police for a DUI. This is known as the Implied Consent Law, the DL-26, or the O'Connell Warnings. According to the Implied Consent Law, if you refuse to give your blood, breath, or urine, it is an automatic loss of a license for a minimum of 12 months. It does not matter what the results are of blood alcohol content or the final disposition of the DUI case. PennDot will still suspend your license. Furthermore, you do not have a right to speak to an attoney or anyone else prior to providing the blood. Requesting to speak to an attorney is deemed a refusal and will also result in a license suspension.

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