Pennsylvania Breath Test Refusal

Did you recently refuse to take a breathalyzer test in Pennsylvania? If so, you may be in for a lengthy driver's license suspension. In this state, you face an administrative license suspension for refusing to take a breath test. This suspension is separate from any driver's license suspension or revocation you may be sentenced to in a criminal court.

Why is there a punishment for refusing to take a breath test? This is due to Pennsylvania's "implied consent"� law. When you receive your driver's license, you give your consent to take a chemical test, should you be pulled over on suspicion of drinking and driving. Failure to comply with the officer's request will result in an administrative license suspension.

Police officers are required to read you the Implied Consent Notice, informing you of your rights as well as the penalty for refusing to take the breath test. If the officer did not inform you of these breath-test refusal consequences, your attorney may be able to use that in your favor.

After being arrested for DUI, the officer must submit the Notice of Refusal form to the Pennsylvania Department of Transportation. PennDOT then sends an order to the driver that his or her license will be suspended in 30 days. The driver then has 30 days to appeal during a civil proceeding.

If you do not appeal your suspension during this time period, or your request is denied, your license will be suspended for at least 1 year and 3 days. Of course, the length of time is dependent on many factors, such as if you have had prior breath test refusals.

Besides the administrative consequences, you face other penalties if convicted of drunk driving. Even for a first offense, you may be sentenced to fines, community service, jail, and probation.

Our DUI Defense Attorneys help drivers who are facing administrative license suspensions due to a breath test refusal. We offer years of experience and knowledge in defending drinking and driving cases to the residents of Pennsylvania. We will go over the facts of your case to see what can be used in your favor.

Are you ready to begin fighting your driver's license suspension? Contact our attorneys today!