You have the right to refuse a roadside sobriety test in Pennsylvania without significant consequences. Doing so might be a smart move in some circumstances. However, once the police arrest you on suspicion of DUI and take you in for a formal breath or blood test, refusing to take the test has more severe penalties. It’s crucial to understand these consequences and speak with an attorney before refusing a DUI blood test.
The Erie, PA, DUI defense lawyers at McCormick & Vilushis have over 20 years of courtroom experience on both sides of the justice system. Our lawyers can work to overturn a driver’s license suspension if you refuse a DUI blood test. You’ll find more information on the penalties for refusing DUI tests below.
Pennsylvania’s Implied Consent Law
Pennsylvania’s implied consent law states that by driving a vehicle in the state, you automatically agree to submit to chemical testing (breath or blood) if law enforcement has reasonable grounds for a DUI arrest. This law is meant to help enforce DUI regulations and ensure that drivers comply with testing when the police make a valid request.
Consequences of Refusing a DUI Blood or Breath Test
Refusing to take a DUI blood or breath test in Pennsylvania can lead to several serious consequences, such as:
- License Suspension: Refusal can result in a 12-month suspension of your driving privileges. If you have a previous refusal or DUI conviction, the suspension can be extended to 18 months.
- Restoration Fees: You must pay a restoration fee to reinstate your license. This fee will be between $500 and $2,000, depending on prior offenses.
- Increased Penalties: Refusing a test can lead to enhanced penalties if you are convicted of DUI, including longer jail time and higher fines.
- Ignition Interlock Device: You may be required to install an ignition interlock device on your vehicle once your suspension is lifted.
- Admissible Evidence: The refusal itself can be used as evidence against you in court, potentially making it harder to defend against DUI charges.
Pros and Cons of Refusing a DUI Blood or Breath Test
Refusing a DUI breath or blood test means there will be no direct evidence of your blood alcohol content, which can make it harder for the prosecution to prove a DUI case against you. However, refusing a test also comes with significant downsides. Your license will be suspended for at least a year, and you’ll face hefty restoration fees to regain your driving privileges. Additionally, prosecutors can use your test refusal against you in court, and you might face harsher penalties if you are eventually convicted of DUI. Weigh these factors carefully when deciding whether to comply with a chemical test request.
How McCormick & Vilushis Can Help
If the police have arrested you on suspicion of DUI, McCormick & Vilushis can help you find the best way forward. Our experienced attorneys will review the details of your arrest to identify any violations of your rights or procedural errors. We’ll also work to minimize the impact of a license suspension and challenge the use of your test refusal as evidence.
Trust us to guide you through this challenging time and fight for the best possible outcome in your case. Call McCormick & Vilushis now or reach out online for a consultation.