Pennsylvania does not want people to refuse a DUI test, and the law adds punishment to those who do refuse. If you have been arrested for DUI, whether you took the test or refused the test, talk to a lawyer who can guide you through the DUI process and help you resolve the charges.
It can be confusing to be pulled over, standing among flashing lights, and were told you must take certain tests. The officer must tell you the penalty for refusing a blood, breath or urine test for BAC (blood alcohol content). If the officer does not tell you the consequences, that might be a defense to refusing to submit to a breath or blood test.
What are the penalties for DUI test refusal? First, the officer will send a notice of refusal to the Pennsylvania Department of Transportation (PennDOT) and you will face automatic suspension of your driver’s license for one year. Second, your DUI case will automatically be elevated to a tier 3 (highest rate) — the tier for a BAC of .16 and above. You are not entitled to a jury trial for your refusal to take a DUI test but a qualified attorney may be able to convince a judge that the refusal is invalid.
What if you did refuse to take a DUI test? Talk to a DUI defense lawyer who knows the law and who has handled many DUI cases in Pennsylvania. Tell us everything that happened at the time you were pulled over and arrested. As with any DUI case, we will do our own investigation and protect your rights.
At the Tucker Arensberg law firm, you can be assured that our attorneys will work hard for you, and we will give you honest answers at every step of your case — from your free initial consultation to the resolution of the case. Contact us today to get started.