Refusing a DUI Breath Test In Pennsylvania
Pittsburgh lawyers help motorists when a breath test for DUI was refused
One of the questions many people have about DUI stops is whether they should refuse to take a breath test when requested to do so by a police officer. If you do refuse a DUI breath test in Pennsylvania, there will be consequences, even if it turns out that you were not intoxicated. Phil DiLucente & Associates, LLC in Pittsburgh works on behalf of Western Pennsylvania residents who are facing penalties because they chose not to submit a breathalyzer sample.
Pennsylvania implied consent law and when breath tests are required
Any driver in the Pittsburgh area or elsewhere in Pennsylvania is subject to the state’s implied consent law. Simply put, once your car or truck hits the road, you agree to submit to a breathalyzer test if you’re arrested on suspicion of DUI. The fact that you might not have been drinking or using drugs does not matter.
Automatic license suspension penalties for refusing a breath test
PennDOT suspends driver’s licenses for 12 months when a motorist refuses a blood test or breathalyzer test that is properly requested by a law enforcement officer. Upon a second refusal, the loss of driving privileges increases to 18 months. This is a civil administrative sanction, so the government does not have to prove your guilt beyond a reasonable doubt as they would in a criminal case. Likewise, you do not have the ability to consult an attorney when deciding whether to provide a sample.
How refusal affects DUI charges and sentencing in Pennsylvania
Under Pennsylvania law, DUI criminal counts are grouped into tiers based on how far a driver’s blood-alcohol concentration (BAC) is over the legal intoxication limit. Refusal to take a breathalyzer test can lead to penalties associated with a Highest BAC charge (.16 percent and higher). Accordingly, a conviction would trigger a jail sentence of between 72 hours and six months and fine ranging from $1,000 to $5,000. Meanwhile, a lower BAC could have enabled someone to pay a lower fine and avoid incarceration.
Breath test vs blood test refusal: key legal differences
As a breath test is less intrusive than one where blood is drawn to assess intoxication, different legal standards are typically applied. Blood tests that occur without a valid warrant or consent of the defendant might be excluded as evidence later on. However, a refusal of either type of test can result in a license suspension or sentence enhancement.
Limited license options after a test refusal in Pittsburgh
While the 12-month suspension period stemming from a test refusal is harsh, some relief might be available. After six months, it could be possible to obtain an Ignition Interlock Limited License that can put the driver back behind the wheel subject to certain restrictions. The driver must provide an alcohol-free breath sample before their vehicle will start.
How a DUI defense attorney can challenge a refusal case
Though PennDOT license suspension proceedings do not offer the same fundamental protections as the criminal justice system, there are ways that a Pittsburgh DUI attorney can help. Law enforcement officers are permitted to stop a vehicle only if they have a reasonable, articulable suspicion of illegal activity. Moreover, they must have probable cause to execute an arrest that gives them the right to demand a breath test. Our attorneys will closely examine your case to see if proper legal grounds existed in your case or if improper procedure negated the police’s implied consent powers.
Contact a Pittsburgh DUI attorney for a free consultation about your test refusal case
Phil DiLucente & Associates, LLC in Pittsburgh advocates for Western Pennsylvania residents who have lost their driving privileges because they refused to submit to an intoxication test. To schedule a free consultation with a proven DUI defense lawyer, please call 1.800.GET.PHIL or contact us online.
