Even if Your Car is Stopped Illegally, You Should Still Consent to the Breath or Blood Test
Another day, another friendly reminder from the Commonwealth Court that your driver's license is a privilege, and not a right. In the just-decided Osselburn case, the Court explicitly states that even if the police pull your car over without probable cause, you must still consent to the breathalyzer or blood test when asked. If you do not consent, your driver's license will be revoked for one year, with even more significant consequences if you have a commercial driver's license.
if, however, you do consent to the test, the only way your license can be suspended is through the criminal legal process. If the police stopped your car illegally, then any evidence found after the stop will likely be thrown out, or "suppressed." This would include the results of the breath or blood test to which you consented.
So again, nothing is to be gained, and a driver's license to be lost, by refusing a breath or blood test when the police suspect you of driving under the influence.
