PA License Suspension in DUI Refusal Case For “Stalling” Tactics

Posted in DUI on December 29, 2024

What Is Considered a Refusal in a Pennsylvania DUI Case?

In Pennsylvania DUI cases, a police officer can require a driver to submit to chemical testing—such as a blood test or breathalyzer—if the officer has reasonable grounds to believe the driver is under the influence of alcohol or drugs. A refusal to submit to testing results in an automatic driver’s license suspension by PennDOT, regardless of whether the driver is ultimately convicted of DUI.

Required Warnings and the DL-26 Form

When requesting alcohol testing, the officer must inform the driver of two key facts:

1. The driver does not have the right to consult with an attorney before deciding whether to take the test.

2. A refusal will result in a license suspension.

To ensure these warnings are delivered properly, the officer reads from a DL-26 form, a standardized script prepared by PennDOT. While officers typically ask the driver to sign the DL-26 form as proof that the warnings were read, a signature is not legally required. Refusal to sign the form does not constitute a refusal to submit to the test, and the officer may—but is not obligated to—allow the driver to read the form.

What Legally Counts as a DUI Test Refusal in PA?

As an experienced Pennsylvania DUI attorney, I regularly hear from individuals who believe they didn’t refuse testing because they never explicitly said “no.” However, Pennsylvania law does not require an express refusal. Courts have consistently held that anything short of unequivocal, timely cooperation—such as extending an arm for a blood draw—can be interpreted as a refusal.

Examples of actions considered refusals include:

• Repeatedly asking to speak to an attorney

• Asking excessive questions

• Demanding to read the DL-26 form without delay

• Engaging in arguments or stalling tactics

Case Example: Rory M. Burns v. PennDOT (October 15, 2024)

In this case, a driver arrested for DUI initially consented to a blood draw by extending his arm and saying “affirmative.” However, when asked to sign the DL-26 form, he stated—being a law student—that he wouldn’t sign anything without reading it thoroughly. The officer allowed him to read the form, but the driver asked multiple questions and engaged in prolonged discussion.

The officer interpreted this behavior as an attempt to delay the blood draw and deemed it a refusal.

The driver appealed, arguing that he clearly consented and was being penalized simply for not signing the form. The Commonwealth Court of Pennsylvania disagreed, ruling that:

• The driver’s questions and delays did not show clear consent.

• The officer acted properly in determining it was a refusal.

This case reinforces a critical point: anything other than prompt, affirmative compliance can be deemed a refusal under Pennsylvania DUI laws.

License Suspension and Options After a Refusal

A DUI test refusal in Pennsylvania results in a license suspension, with the length depending on the driver’s prior record. In the Burns case, the driver faced an 18-month suspension due to a prior DUI offense.

However, drivers in this situation may be eligible for an Ignition Interlock Limited License (IILL) after serving 9 months of the suspension. The IILL allows limited driving privileges, provided the vehicle is equipped with an ignition interlock device.

➡️ Click here to learn more about the Ignition Interlock Limited License (IILL)

Final Thoughts on DUI Refusals in Pennsylvania

Understanding what constitutes a DUI test refusal in PA is crucial. Even without saying “no,” actions that delay or complicate the process can lead to serious consequences, including automatic license suspension. If you’re facing a DUI refusal suspension, it’s essential to consult an experienced Pennsylvania DUI attorney as soon as possible to evaluate your options and protect your rights.