What happens if you refuse to take a breath test following a PA DUI stop?

Some people are misguided into refusing take take a breath, blood, or urine test when they get arrested for a DUI. Someone always has a friend who convinces everyone that there is a €œConstitutional right” to refuse a breath, blood, or urine test and doing so can help you €œget away€ with drinking and driving. While it is true that you do have the right to refuse a breath, blood, or urine test, it is not without consequences.

This is because Pennsylvania is an implied consent state. When you receive your driver’s license, you give your consent to take a chemical test if you are pulled over on suspicion of drinking and driving.

If you refuse to take a breath, blood, or urine test in Pennsylvania following a DUI arrest, you will have your license revoked a minimum of one year and will face three days in prison. The administrative license suspension is also in addition to the sentence that you will receive for your DUI if you are convicted.

If you are pulled over for a DUI in PA, police officers are required to read you the Implied Consent Notice, informing you of your rights as well as the penalty for refusing to take the breath test. If the officer did not inform you of these consequences, an attorney can help you defend your administrative suspension.

Once you refused to be tested following a DUI arrest, the arresting officer will send Notice of Refusal (Form DL-26) to PennDOT. PennDOT will then send the person a letter stating that they must turn in their license within 30 days of the date of the letter. During this time, the driver has a chance to appeal. You have just 30 days to appeal from the date of this notice so speak with an attorney immediately. To speak with a Lehigh Valley DUI attorney, please call (484) 362-9286.

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