A recent Pennsylvania case in which a man suffered wide-ranging and dire consequences for his refusal to submit to blood-alcohol testing in s suspected drunk driving case raises several points relevant to every jurisdiction, including Missouri.

Foremost, it underscores in a big way the potential repercussions involved with alcohol test refusal. It also highlights the need for a suspect to ask for and retain diligent legal counsel in a DWI/DUI matter.

Like Missouri, Pennsylvania features an implied consent law, pursuant to which a motorist agrees to alcohol testing as a prerequisite for obtaining a license. In both states, refusal to submit to testing in an instance where a police officer has reasonable grounds for seeking a test results in a one-year license suspension, with the refusal being admissible as evidence in court.

In the Pennsylvania matter, the arresting officer said the suspect smelled of alcohol, the car belonged to him, he had a bloody face and was uncooperative.

The man's defense: He wasn't even driving. He knew he was under the influence, asked his girlfriend to be the designated driver for the night, and was simply a passenger when another car hit them head-on. Out of sheer principle, he refused to take the test.

That cost him plenty. For starters, the state revoked his license for a year. Because the man is a truck driver, the state also suspended his commercial trucker's license. As a result of that, he lost his job.

The courts have been unsympathetic. The man has been ruled against twice on appeal, although one dissenting judge was harsh in his criticism. The judge stated that evidence showing the man was not driving "was completely ignored."

A DUI charge against the man was ultimately dismissed.

If you or someone you know needs knowing and diligent drunk driving representation in Missouri, contact an experienced St. Louis DWI defense attorney.

Source: Penn Live, "Passenger's refusal to submit to blood-alcohol test triggers 'collision between law, common sense,' lawyer says" Matt Miller, Dec. 30., 2011