Pennsylvania Breath Test Refusal

Remember the day you stood in line at the Department of Transportation waiting to get your license? Like all licensed drivers in Pennsylvania, you probably didn’t realize that when you signed on the dotted line, you were giving your implied consent to submit to a chemical test if law enforcement suspected you of driving under the influence. This is known as the Implied Consent law.

While law enforcement officers cannot physically force you to submit to testing, failure to do so will result in serious consequences. If you find yourself in this position, don’t wait another minute to contact our attorneys. Our DUI defense attorneys have successfully defended clients that have refused to take a blood, breath or urine test. From unlawful traffic stops to lack of probable cause, we know the best ways to defend your DUI breath test refusal case.

What penalties will I have for refusing a breath test?

The first thing that happens following your DUI arrest involving a breath test refusal is that the officer sends a notification to PennDot. Following this, PennDot will then send you a notification that your license will be suspended 30 days from the date of the notification. Keep in mind that this is a civil proceeding and completely separate from the penalties you’ll face in criminal court.

Once you receive the notification from PennDot, contact our law office for assistance. We can help appeal your license suspension to PennDot. But you must act fast! You only have 30 days from the date you receive the notification of your license suspension to request a hearing. If you lose during your appeal, PennDot will suspend your license for one year.

In criminal court, if you are convicted of DUI for breath test refusal, your license will be suspended for one year, which is the mandatory. You can also be sent to jail for three days, which is also the mandatory sentence.

Refusing a breath test is considered a serious criminal offense but you can be successfully defended in court. We know this because we have done so before with our clients!