Legal Question in DUI Law in Pennsylvania

I was in police custody at a hospital , I had to use the bathroom so bad ( that is all I can think about) I was told to give blood for a DUI , I was going to but I needed to use the bathroom the police and nurses would NOT LET ME GO so I went in my pants .... the cop said I refused but I didnt ! Was my rights violated?

Asked on 4/11/13, 5:56 am

2 Answer from Attorneys

Debra Rainey The Law Office of Debra D. Rainey

Understand that PA is an informed Consent state. Essentially what that means is the moment you agree to the rules respecting obtaining a driver's liccense and the state issues you a driver's license you are consenting to any legitimate test requested by law enforcement including blood and breath tests.

So in a nutshell not giving the blood can arguably amount to a refusal. As for your not being permitted to use the bathroom that was horrible,no doubt embarrassing and humiliating, but probably will not impact the refusal to give blood.

However, if as the result of the humiliation you felt from the incident and if you find yourself needing mental health treatment you may have a legal remedy or two available.

If I can be of further assistance I may be contacted at [email protected]

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Answered on 4/12/13, 4:18 pm

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