What Happens if I Refuse a Breathalyzer or Blood Test During a DUI Stop?
Many drivers believe that refusing a breath or blood test protects them by keeping evidence out of the prosecution’s hands. In Pennsylvania, refusal comes with its own set of consequences, some of which apply even if your DUI charge is later dropped. If you refused chemical testing during a DUI stop, our State College DUI lawyers at Decker Bradburn can help you understand what you are facing and how to respond.
Pennsylvania’s Implied Consent Law
By driving on Pennsylvania roads, you have already agreed to chemical testing of your breath or blood if an officer has reasonable grounds to believe you are driving under the influence. This is known as implied consent under the law. When you refuse a test after a lawful DUI arrest, the officer is required to warn you of the consequences, and the refusal is reported to PennDOT.
Automatic License Suspension
Refusing chemical testing results in a civil license suspension that is completely separate from your criminal case. A first refusal brings a 12-month suspension. If you have a prior DUI conviction or a previous refusal, the suspension increases to 18 months. You will also owe a license restoration fee of $500 for a first refusal, rising to as much as $2,000 for repeat refusals. This suspension applies even if you are never convicted of DUI, and it stacks on top of any suspension that results from a conviction.
Your Refusal Can Be Used Against You
Refusing a test does not keep the incident out of court. Prosecutors are permitted to tell the jury that you refused testing and to argue that you did so because you knew you were impaired. On top of that, refusing a breath test can expose you to the same enhanced penalties as a conviction at the highest BAC tier, which means steeper fines and mandatory jail time for many drivers.
The Roadside Test Is Different
One important distinction is that the small handheld device an officer may use at the roadside is a preliminary breath test, and refusing it does not trigger a license suspension. The implied consent penalties apply to the official breath or blood test requested after your arrest, typically at the station or a hospital. Knowing which test you refused matters, and it is one of the first things our team will pin down.
You Can Fight the Suspension
A refusal suspension can be appealed, but you have only 30 days from the date on your PennDOT notice. Possible challenges include an unlawful traffic stop, an officer’s failure to properly warn you of the consequences, or circumstances showing that your refusal was not knowing and conscious. Acting quickly preserves these options.
Contact Our State College DUI Attorneys Today
Whether you took the test or refused it, a DUI arrest sets two clocks ticking: one on your criminal case and one on your license. At Decker Bradburn, our State College DUI lawyers handle both. To discuss your case, contact our office online or by calling (814) 308-8895.