What is an implied consent hearing?

An implied consent hearing is a special hearing that is held in the state of Pennsylvania when an individual is suspected of driving under the influence (DUI). The purpose of the hearing is to determine whether or not the individual consented to a chemical test which was conducted to detect alcohol or drugs. This hearing is separate from the individual’s criminal trial and is conducted by a judge. The individual’s right to be heard in an implied consent hearing depends on whether or not the chemical test results indicate a positive result. If the test result is positive, then the individual must be offered the opportunity to present evidence and argument before a decision is made. This right is not available if the test results are negative. The judge in an implied consent hearing considers evidence in the hearing such as the results of the chemical test, any statements made by the individual suspected of DUI, and any other pertinent facts. The judge may also listen to testimony from witnesses. Following the hearing, the judge will make a decision. If the individual consented to the chemical test, the license suspension will remain in effect. If the individual did not consent to the chemical test or if the case is determined to be invalid, the license suspension will be lifted.

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What is an implied consent hearing?

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