Decker Bradburn
  • Practice Areas
    • Criminal Defense
    • DUI Defense
    • Personal Injury & Civil Defense
  • About
  • Blog
  • Case Results
  • Contact
Select Page

What will happen if you refuse a breath test in Pennsylvania?

by Decker Bradburn, Attorneys at Law | Nov 17, 2016 | Drunk Driving

Law enforcement agencies throughout the country place a strong emphasis on curtailing drunk driving. It is no different in Pennsylvania. Anyone who gets behind the wheel of a vehicle after consuming alcohol is making a dangerous choice, both from the perspective of a potential arrest and from the perspective of causing a serious car accident. No one condones drunk driving.

But, the fact is that driving while intoxicated is one of the most common criminal charges in most jurisdictions. The penalties for a drunk driving conviction can be severe, from probation to home detention, all the way to potential jail time. And, on top of that, those who are convicted of drunk driving can be required to attend substance abuse counseling or other programs where the intent is to change the way a person thinks about alcohol use.

What will happen if a driver refuses to submit to a breath test in Pennsylvania? Well, according to state law, anyone who operates a vehicle and is arrested is deemed to have already consented to the requirement to submit to a breath or blood test. This is what is known as “implied consent.” In essence, any driver arrested for DUI is required to submit to a breath test if requested. Refusal to do so can have serious consequences.

If a driver refuses to submit to a breath test, that person’s driver’s license will be automatically suspended for 12 months. And, the suspension can be even longer under certain circumstances. This makes it even more important that you contact an attorney as quickly as possible. The sooner a strong defense challenging every aspect of the charge is formulated, the better it is for the accused.

Source: FindLaw, “Pennsylvania Statutes Title 75 Pa.C.S.A. Vehicles § 1547. Chemical testing to determine amount of alcohol or controlled substance,” Accessed Nov. 12, 2016

Recent Posts

  • Magic mushrooms still transport you to Pennsylvania prisons
  • Driving while hungover can be just as dangerous
  • 4 common college student offenses
  • PA’s new ‘Clean Slate’ bill makes record sealing easier
  • Supreme Court: Police need a warrant to track cellphone locations

Archives

  • May 2019
  • January 2019
  • October 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016

Categories

  • blog
  • Criminal Defense
  • Drug Crimes
  • Drunk Driving
  • Firm News
  • Probation and Parole Violations

RSS Feed

Subscribe To This Blog’s Feed

Schedule A Confidential Consultation

Decker Bradburn, Attorneys at Law

233 Easterly Parkway
Suite 103
State College, PA 16801

Map & Directions

Toll Free: 800-208-9980
Phone: 814-470-8023
Fax: 814-826-2964
  • Follow
  • Follow
  • Follow
Review Us

© 2019 Decker Bradburn, Attorneys at Law. All Rights Reserved.

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters