Any time you drive in Pennsylvania, you automatically agree to obey the state’s implied consent law. This law says that if police arrest you for suspected DUI, you consent to allowing law enforcement to take a chemical test of your breath, blood, or urine. The law applies just because you’re driving, even if you don’t sign anything. Police don’t need a court order to ask for a test. They only need a legal reason to suspect you were driving under the influence. If you say no to testing, the state could take away your license.
What Happens If You Refuse a Breathalyzer or Blood Test?
If you refuse a chemical test after a DUI arrest, the police won’t force you to take it. However, that decision can still have serious consequences. For one, you lose your license automatically. Even if a court later finds you not guilty of DUI, the license suspension still applies. Refusing a chemical test can also lead to higher fines and longer license suspensions. The police will report your refusal to PennDOT right away, and the state will start the suspension process immediately.
License Suspension Periods for Refusal
Pennsylvania law sets clear suspension periods for refusing a chemical test. If this is your first refusal, you lose your license for 12 months. If you already had a DUI conviction or a previous refusal, you lose your license for 18 months. These suspensions apply even if the court doesn’t convict you of DUI. The state treats a refusal as a separate violation, and you must pay restoration fees to get your license back.
Additional Criminal and Financial Penalties
Refusing a chemical test doesn’t just cost you your license. The state also counts your refusal as the most serious DUI offense. That means you could face jail time, large fines, and extra penalties. If you have no prior DUIs, you could still spend up to six months in jail and owe up to $5,000 in fines. You might also need to attend DUI classes and install an ignition interlock device in your vehicle.
How Chemical Test Refusal Could Impact Your DUI Case
If you refuse testing, the law allows prosecutors to bring up your refusal at trial. Prosecutors might say you refused the test because you knew you were drunk, and a judge or jury could see your refusal as a sign of guilt. Even though a refusal doesn’t prove you were drunk, it adds to the case against you. That means your refusal could hurt your defense, especially if the evidence points to impaired driving.
How a DUI Defense Attorney Can Help
A DUI defense attorney can explain what’s at stake and help you make informed choices. They can challenge the reason police stopped or arrested you. They can also fight the license suspension or look for ways to reduce the charges. In some cases, they might find mistakes in how the police handled your case. An attorney can also help you request a hearing, apply for a limited license, or deal with ignition interlock rules. With the right help, you can better protect your license and your future.
Contact a DUI Defense Lawyer in Pennsylvania
If you refused a breathalyzer or chemical test, you don’t have to figure out your next steps alone. The team at Chieppor & Egner LLC can walk you through your options and answer your questions. Contact us now to get started with your contact - free consultation.
