Chemical Test Refusal Q+A

Pennsylvania Implied Consent Law: What Happens If You Refuse a DUI Blood or Breath Test?

Pennsylvania’s implied consent law, found at 75 Pa.C.S. § 1547, provides that anyone who drives a vehicle in Pennsylvania is deemed to have consented to chemical testing under certain circumstances. A police officer may request that a driver submit to a blood or breath test when the officer has reasonable grounds to believe that the driver:

• Was driving under the influence of alcohol or controlled substances (DUI);
• Was driving while their operating privileges were suspended for a prior DUI-related offense and may have alcohol or drugs in their system; or
• Was operating a vehicle subject to an ignition interlock requirement without an interlock-equipped vehicle after consuming alcohol.

Difference Between a Portable Breath Test (PBT) and an Evidentiary Breath Test

It is important to understand that a Portable Breath Test (PBT) is not the same as the breath test administered after a DUI arrest. A PBT is a preliminary screening tool used during the initial DUI investigation, typically at the roadside before an arrest is made. The device is small, handheld, and portable. Key points about a PBT include:

• Drivers are not required to submit to a PBT.
• Refusing a PBT does not result in a driver’s license suspension.
• The specific numerical result from a PBT is generally not admissible in court.
• An officer may testify only that the PBT indicated the presence of alcohol.
• Because a PBT is merely an investigative tool, Pennsylvania’s implied consent penalties do not apply to refusing this preliminary test.

Evidentiary Breath or Blood Tests

After a DUI arrest, an officer may request that the driver submit to an evidentiary breath or blood test to determine the driver’s actual blood alcohol concentration (BAC) for charging and evidentiary purposes. Many jurisdictions in Pennsylvania primarily use blood testing. Some departments utilize approved breath-testing instruments located at police stations or other designated facilities. Unlike a PBT, refusing an evidentiary breath or blood test can have significant consequences, including a driver’s license suspension. In some circumstances, a refusal may also expose a driver to enhanced DUI penalties if convicted.

Refusing a DUI Blood or Breath Test in Pennsylvania

When an officer requests an evidentiary blood or breath test following a DUI arrest, the officer must advise the driver that refusing the test will result in a license suspension under Pennsylvania’s Implied Consent Law. Officers typically provide these warnings using a PennDOT form known as the DL-26 form. If a driver refuses testing and the officer failed to properly provide the required DL-26 warnings, the driver may have grounds to challenge the resulting license suspension. After the DL-26 warnings are read, the driver is given a limited opportunity to consent to testing. Pennsylvania courts have held that anything short of an unequivocal “yes” may be treated as a refusal. Examples of conduct that may constitute a refusal include:

• Asking to speak with an attorney before deciding;
• Requesting additional explanations or delaying a decision;
• Insisting on reading the DL-26 form before responding; or
• Remaining silent.

License Suspension for Refusing Chemical Testing

A refusal to submit to an evidentiary blood or breath test generally results in a PennDOT license suspension, regardless of whether the driver is ultimately convicted of DUI. Additionally, DUI charges may still be filed even if a driver refuses testing.

Blood Test Refusals

Following decisions by the United States Supreme Court, a refusal to submit to a blood test generally does not automatically result in enhanced criminal penalties. In many cases, a driver who refuses a blood test and is later convicted of DUI may be subject to first-tier penalties, unless additional circumstances apply. In refusal situations, officers may seek a search warrant authorizing the blood draw. If police obtain a valid search warrant and the driver continues to refuse compliance, the refusal will generally allow the prosecution’s to pursue enhanced DUI penalties.

Understanding Your Rights Under Pennsylvania’s Implied Consent Law

Pennsylvania’s Implied Consent Law can have serious consequences for drivers arrested for DUI. While refusing a Portable Breath Test (PBT) carries no license suspension or criminal penalty, refusing an evidentiary blood or breath test after arrest can lead to a license suspension and potentially increased DUI penalties. Because the legal consequences of a refusal depend on the type of test requested and the specific facts of the case, individuals facing DUI charges should consult with an experienced Pennsylvania DUI attorney to evaluate possible defenses and protect their driving privileges.

Frequently Asked Questions in DUI Refusal Cases

• What happens if I refuse chemical testing?
• How can I be charged with driving under the influence when I refused the chemical testing?
• How long will I lose my license because of the refusal of chemical testing in DUI case?
• Can I negotiate with PennDOT or the judge to reduce the administrative suspension?
• Can I obtain a limited license that will allow me to drive to work, school, or to pick my children?
• How does a prosecutor prove general impairment DUI charges in a chemical test refusal case?

State College DUI attorney Jason S. Dunkle has represented people charged with DUI charges and other criminal offenses since 2004, so he is extremely experienced. For a free consultation, contact JD Law at (814) 689-9139 or via email.