In Chester, Delaware, and Philadelphia County, individuals are often pulled over on suspicion of a DUI. In many cases, the officer(s) will ask the individual to submit to a breathalyzer and/or blood test. It is essential that any individual who is subjected to these requests know what the consequences of refusal are and how having an experienced attorney can help you know what your rights are.

Implied Consent Law in the Commonwealth of Pennsylvania

In the Commonwealth of Pennsylvania, any individual who has a license is subject to PA’s Implied Consent Law. This law states that once an individual receives his/her driver’s license from PennDOT, they agree to submit to any future chemical testing if a law enforcement officer requests it. If an individual is pulled over on suspicion of a DUI and refuses to take a breathalyzer or blood test, he or she will immediately face an automatic 1 year license suspension.

Penalties Associated with Refusal of Breathalyzer/Blood Test 

If an individual refuses to submit to a blood or alcohol test the penalties include:

First Offense

  • One year license suspension,
  • Payment of $500 fine.
  • Comply with drug and alcohol requirements mandated by the court.

Second Offense

  • 18 month license suspension,
  • Payment of fine up to $1000.
  • Comply with drug and alcohol requirements mandated by the court.

Third Offense

  • 18 month license suspension,
  • Payment of fines of no less than $2,000.
  • Comply with drug and alcohol requirements mandated by the court.

A Common Misconception about Refusal

Many individuals believe that if they do not submit to any testing, the Commonwealth will be unable to prove that the individual was driving under the influence. The Commonwealth will still be able to prove their case based on the testimony of the officer’s observation of the individual during the time of the arrest. Moreover, the refusal of the chemical testing can be admitted as evidence against the defendant. It is highly advised that any individual who is asked to submit to chemical testing comply with the officer in order to avoid greater penalties.

I Have Refused Chemical Testing: What Should I Do?

If you or someone you know has been charged with a DUI and refused to submit to chemical testing, The Law Office of Vincent J. Caputo is ready to help you through this process. We understand that this charge can often be difficult for the individual involved and that is why we will work with you every step of the way in achieving the best outcome possible. Contact our office for a free consultation today, your future is our priority!