Under Pennsylvania's implied-consent law, drivers do not have the right to choose the type of blood-alcohol test they will submit to when they are arrested for suspected DUI.
Nardone v. Pa. Dep't of Transp., 2015 BL 429928, Pa., No. 141 MAP 2014, 12/29/15
Similar to Utah's implied consent law, Pennsylvania's law states that all motorists "are deemed to have given consent to one or more chemical tests of breath, blood or urine." 75 Pa. Cons. Stat. §1547. The court said that that language does not mean the police must offer the suspect a "menu of choices."
"By implicitly consenting to any and all chemical tests in Section 1547(a), a motorist arrested for DUI is subject to any and all tests, and he effectively relinquishes any right to choose his preferred test over an officers," the court stated.
The court continued, saying "[i]t could not have been the General Assembly's intent to establish a rule of implied consent at the outset of the statutory scheme only to immediately thereafter devise a procedure for obtaining chemical testing that would nullify the rule."
http://www.bloomberglaw.com/public/desktop/document/JOHN_D_NARDONE_APPELLANT_V_COMMONWEALTH_OF_PENNSYLVANIA_DEPARTMEN?1452267926
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