What Happens if You Refuse a Breath Test in Lancaster?

Being stopped on suspicion of driving under the influence can be a stressful experience. In some situations, drivers may consider refusing a breath test because they believe it will help them avoid a DUI conviction. However, Pennsylvania law imposes significant consequences for refusing chemical testing. 

Understanding these penalties is essential if you are facing a DUI investigation in Lancaster County. At Chieppor & Egner, our Lancaster criminal defense attorneys have extensive experience defending individuals charged with DUI. 

Pennsylvania’s Implied Consent Law

Under 75 Pa.C.S. § 1547, anyone who operates a motor vehicle on Pennsylvania roads is deemed to have consented to chemical testing if law enforcement has reasonable grounds to believe the driver is under the influence of alcohol or drugs.

Chemical testing may include a breath, blood, or urine test. If a driver refuses a lawful request for testing, PennDOT can impose administrative penalties regardless of whether the driver is ultimately convicted of DUI.

Consequences of Refusing a Breath Test

A refusal can lead to serious penalties that extend beyond the DUI charge itself. Depending on your driving history and the circumstances of the stop, you may face:

• A driver’s license suspension for 12 months. If the driver has previously refused chemical testing or has a prior DUI conviction, the suspension can increase to 18 months. The driver may also be required to pay substantial restoration fees before their driving privileges can be reinstated.
• Enhanced DUI penalties if convicted
• Use of the refusal as evidence in court. Pennsylvania courts allow the prosecution to introduce evidence that the driver refused testing, and that refusal may be considered along with other evidence presented in the case.
• Additional fines and other court-ordered sanctions

Many drivers are surprised to learn that refusing a chemical test does not automatically prevent prosecutors from pursuing DUI charges. Officers may still rely on other evidence to build a case.

People often assume that refusing a breath test will make it more difficult for the prosecution to prove impairment. While the absence of a BAC result may affect certain aspects of the case, a refusal can also create challenges for the defense.

Pennsylvania prosecutors may argue that the refusal demonstrates consciousness of guilt. Additionally, DUI penalties may be enhanced in certain situations involving a refusal, making the consequences comparable to some of the state’s most serious DUI offenses.

Speak With Experienced Lancaster Criminal Defense Attorneys

Trying to navigate a DUI investigation without legal representation can be extremely difficult. Having spent years working in the Lancaster County District Attorney’s Office, Jonathan Chieppor and Alex Egner use their prosecutorial experience to help inform their present-day defense strategies. 

If you have questions about a breath test refusal or are facing DUI-related charges, the criminal defense lawyers in Lancaster at Chieppor & Egner can develop a defense strategy tailored to your case. Contact our firm today online or by calling 717-393-1400 to schedule a free case evaluation and learn more about your legal options. We represent clients throughout Lancaster County, York County, and Berks County.