With regard to the DUI case, when you refuse the blood test, the police charge with you a violation of DUI that says that you had imbibed a sufficient amount of alcohol such that you were rendered incapable of safe driving. Basically, it is a charge that says that you were too drunk to drive safely. How does the DA/cops prove their case in this situation? They present circumstantial evidence that you were drinking. The officer will probably note that you have blood shot eyes, possibly slurred speech, difficulty standing, swaying..... Given the fact that you were in accident and were upset/emotional, I understand that bloodshot eyes can result from crying, difficulty standing/swaying could have resulted from the accident. With this being a first offense of DUI, the maximum sentence is 6 months incarceration, which means that you do NOT have the right to a jury trial. You only have the right to have a trial before a judge. At a trial, it would be the judge's role to determine whether you were too drunk to drive safely or not. Obviously, the fact that you were in an accident is a big negative factor unless the accident can be explained away based upon weather conditions. As a first time offender, you may be eligible for ARD. Some counties do not allow ARD in refusal cases, but some do. I recommend that you contact an experienced defense lawyer in your area to discuss your case in detail and weight your options. Most defense lawyers offer free consultations, so it won't cost you anything. With regard to suing the liquor store, I cannot answer that question as I do not handle civil cases. However, in your DUI case you are trying to assert that you were not too drunk to drive safely but were instead simply upset, but your argument for suing is that you were too drunk and that the store should not have served you. Most state stores have video surveillance, so there could be evidence as to how your were functioning before purchasing the alcohol. Also, instead of suing the state store, they would probably be supportive at your DUI trial because the staff would NOT want to admit that they sold alcohol to someone that was visibly drunk. The staff is likely to testify that you were functioning just fine and did not appear to be manifestly under the influence. Again, talk to a local criminal defense lawyer. I would recommend checking out the Pennsylvania Association of Criminal Defense Lawyers (PACDL) website, and you can access the attorney directory on their site.

Jason Dunkle
JD Law, P.C.
204 East Calder Way, Suite 306,State College, PA 16801
814-954-9622
http://www.mystatecollegelawyer.com