I'm telling you in PA a refusal is an admission of guilt, trust me I live here I know. There was no phony paper and there was nothing I could do. If I refused I was placed under arrest for suspision of DUI then from that point onward they are allowed to search anything they want without a warrant...also stems and rolling papers were found. As they were search I said no they never asked my consent at all.
Under PA LAW , any person who holds an operator's license within Pennsylvania, and is in actual physical control of the movement of a motor vehicle shall be deemed to have given implied consent to one or more chemical tests of breath, blood, or urine, if an officer has reasonable grounds to believe the person had been driving, operating or was in actual physical control of the movement of a motor vehicle while impaired. If a driver refuses, he/she will have their license suspended for 12 months and 3 days mandatory incarceration. If they are subsequently convicted of the D.U.I. or D.A.I. charge, the suspension will be in addition to the suspension for the D.U.I. or D.A.I. conviction. A person is not entitled to have an attorney present for this particular test.
And PA isn't Canada trust me, I had about 15 second to make the decision and I can't lose my license for a year, I run my own business and am my only employee, and then after I refused they would have searched my car and still found the stems and papers and then they can charge me with more and I still have to go to court and win the case otherwise it gets added on. I was also under the impression I could get the first time offenders program but drugged drivers in PA are considered the highest tier and automatically are not allowed...woops. You used to be able to just do the year suspension but not anymore, and once you say no you are arrested and like I said in the US once you are arrested they need no warrants at all. There is really no way out. Also the form is totally legit. Like I said if that ever happens to me agin I was told to say I had been drinking and I will be given a breathalizer which I will pass and they can't take anything else or check for anything else. Also in PA you can get a DUI at .02 if they deem you are impaired, it's up to LEO there are no lawyers allowed at checkpoints. I appreciate you trying to help me but PA doesn't mess around with drugs or alcohol at all. Our alcohol is even state controlled, when you buy liqour you so to the STATE STORE and PA is a commonwealth meaning they generate revenue from arrests. And why do I live here, well I was taking care of my mom and I bought my house 1 month to the day of her passing. This is also my home but I will be leaving when I am allowed. I talked to tons of lawyers and they all said the same thing never refuse a blood test, breath test, or urine test...they will throw the book at you. And under PA law urine blood and breath are all the same.
American laws are made to seem like your rights aren't violated but they are, LEO has loopholes. I have the right to search and seizure according to the constitution but as soon as I am arrested or put under arrest for suspicion they can go to town and search. All they require for suspicion is odor that's all. So I smell something I place you under arrest for suspicion of DUI and then you have no rights to say no to a search, they search find the stems and papers (it could have been a seed anything really) then they can order a blood test anyway since you are incarcerated and you get a double whammy...great laws LOL.