The consequences of refusing a breathalyzer in Pennsylvania
At Kellis Law Firm, our Pennsylvania DUI lawyers often encounter clients who are uncertain about the implications of refusing a breathalyzer test during a DUI stop in Pennsylvania. Understanding the consequences of such a refusal is crucial for anyone facing this decision, as Pennsylvania law enforces specific penalties for refusing a breath test under its implied consent laws.
Pennsylvania’s implied consent law
Pennsylvania operates under an “implied consent” law. This law states that by operating a vehicle within the state, you automatically consent to chemical testing (including breath, blood, or urine tests) if you are lawfully arrested by an officer who has reasonable grounds to believe you are driving under the influence of alcohol or drugs.
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Consequences of refusing a breath test
Refusing a breathalyzer test when suspected of DUI brings several immediate and long-term consequences:
- License suspension: The most immediate consequence is a mandatory driver’s license suspension. Regardless of whether you are ultimately found guilty of DUI, refusal to submit to a breath test will result in a 12-month license suspension for a first offense. This suspension period increases with any subsequent refusals.
- Enhanced penalties: If your DUI case goes to trial, the fact that you refused the breath test can lead to enhanced penalties, similar to those imposed for high BAC levels. This is because refusal often implies that the driver may have been trying to hide a high level of intoxication.
- Admissibility in court: Refusal to take a breath test can be introduced in court as evidence of guilt. This means that the prosecution may argue that your refusal indicates consciousness of guilt, although this alone does not prove DUI.
Defense against breath test refusal charges
The decision to refuse a breathalyzer test should not be taken lightly, and there are defenses available if you choose to refuse:
- Challenging the stop: If the initial traffic stop was not legally justified, any evidence gathered after the stop, including the fact of your refusal, may be suppressed.
- Questioning officer testimony: The officer must have reasonable grounds to believe you were under the influence. If this can be effectively challenged, the refusal may be deemed irrelevant.
- Medical reasons: In some cases, medical conditions can prevent a person from providing a sufficient breath sample. If applicable, this can be a valid defense against the consequences of refusal.
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Kellis Law Firm is ready to assist
At Kellis Law Firm, we understand the complexities surrounding DUI charges and the specific challenges of cases involving the refusal of a breath test. Our experienced legal team can help you navigate the consequences of your refusal by:
- Assessing the legality of the DUI stop and arrest.
- Evaluating all available evidence to build a strong defense.
- Representing you in all proceedings, including PennDOT licensing hearings and criminal court.
- Guiding you through the license reinstatement process if your license is suspended.
Call us today for expert guidance and support
Refusing a breath test in Pennsylvania carries significant consequences under the state’s implied consent law. If you find yourself in this situation, it’s crucial to seek competent legal counsel as soon as possible. At Kellis Law Firm, we’re equipped to provide expert advice and robust representation to minimize the impact of your decision and to defend your rights throughout the legal process.
If you’re facing a DUI charge or have refused a breath test, contact us today to discuss your case and explore your legal options.