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Can you refuse a breathalyzer in Pennsylvania?

On Behalf of | Oct 4, 2024 | Firm News

If police stop you for a suspected DUI, you might wonder what rights you have and, as part of that, whether you can refuse to submit to a breathalyzer test. The answer to this question is nuanced and carries significant implications.

Implied consent law

Pennsylvania operates under an implied consent law. When you receive a driver’s license, you implicitly agree to submit to DUI testing (including breath, blood or urine) if a police officer has probable cause to believe you are driving while under the influence.

While yes, you may refuse to take a breathalyzer test, doing so carries substantial penalties, and it is worth thinking twice before you do it. If you are in this situation or unsure, contact your Pennsylvania DUI attorney today.

If you refuse

Wondering what happens if you refuse?

In Pennsylvania, you face an automatic driver’s license suspension for one year. If it is a subsequent refusal, your license can be suspended for 18 months or more. The court can also use this information against you and you may look guilty if your case goes to trial.

It is worth noting that even if you refuse to take a breathalyzer test, police can still arrest you if they have other evidence of impairment. If you appear intoxicated, for example, they can place you under arrest, and you could be convicted of a DUI.