Silence Deemed a Refusal of Blood Test in PA DUI Case

Posted in DUI,License Suspension on June 19, 2025

The Pennsylvania Commonwealth Court addressed a key issue in DUI enforcement: Can silence be considered a refusal to submit to a chemical test after a DUI arrest? In Myers v. Department of Transportation, 33 C.D. 2022 (decided March 20, 2024), the court held that silence—following proper reading of the DL-26 chemical test warning—does, in fact, amount to a legal refusal.

🚔 Case Background

John Myers was arrested for suspected DUI in Pennsylvania. At the station, the arresting officer read the DL-26 form, which explicitly warns that refusal to take a chemical test or silence will result in license suspension under the Implied Consent Law (75 Pa.C.S. § 1547).

Myers remained silent. He did not explicitly consent or object. As a result, PennDOT suspended his license. He appealed, arguing that silence alone should not qualify as a refusal.

🔍 Key Legal Points:

DL-26 Form Compliance: Officer must read it in full and give the driver a chance to respond.
Implied Refusal: A driver’s silence can be interpreted as a refusal, especially if the DL-26 form warns of that consequence.
No Need for Explicit “No”: The court emphasized that refusal doesn’t require a verbal or physical rejection—silence or ambiguous behavior may be enough.

📌 Key Takeaways for DUI Defense and License Suspension in PA

1. Silence = Refusal (If DL-26 Is Properly Read)

As long as the DL-26 form is read and understood, silence alone can result in a license suspension under Pennsylvania’s Implied Consent Law.

2. DL-26 Accuracy Matters

Any deviation in reading the DL-26 form can be a defense. Defense attorneys should always review the exact language used and timing.

3. Meaningful Time Must Be Given

Officers must provide a short but “meaningful opportunity” to respond.

4. Record the Interaction

Bodycam or dashcam footage is key evidence for showing whether the form was read and how the licensee behaved.

If you face a refusal suspension in Pennsylvania, consult with an experienced DUI attorney immediately. Understanding DL-26 procedures and implied consent law is crucial to defending against these penalties.