Driving under the influence (DUI) is a serious offense that can have severe consequences. If you have been pulled over by the police for suspicion of DUI in Pennsylvania, you may be asked to take a chemical test. This test can be a blood, breath, or urine test to determine what your blood alcohol concentration (BAC) level is. However, what happens if you refuse to take the test? In this blog post, we will discuss the penalties for refusing a chemical test in Pennsylvania.
Under Pennsylvania’s implied consent law, anyone who operates a motor vehicle on the state’s roads is deemed to have given their consent to chemical testing for drugs or alcohol if a police officer has reasonable grounds to believe the driver is under the influence. Refusing to take a chemical test is a violation of this implied consent law and can result in automatic penalties.
The penalties for refusing a chemical test in Pennsylvania are harsh. For a first offense, a driver’s license will be suspended for one year. If you have had a prior refusal or DUI conviction within the past 10 years, the license suspension will be longer. Additionally, you will face a fine of $500 to $5,000 and may be required to attend alcohol education classes.
The penalties for a second or subsequent chemical test refusal within 10 years are even more severe. Your license will be suspended for 18 months, and you will face a fine of $1,000 to $5,000. You may also be required to complete an alcohol treatment program, undergo a drug and alcohol assessment, and complete community service.
It is essential to note that refusing a chemical test does not mean that you will not face DUI charges. Refusing a chemical test may make it more challenging for the prosecution to prove their case, but it does not guarantee that you will avoid a DUI conviction. In fact, in some cases, refusing a chemical test can make your DUI case worse.
If you do refuse a chemical test, you have the right to request an administrative hearing within 30 days of your arrest. At the hearing, you can contest the suspension of your license. However, if you lose the hearing, the license suspension will go into effect.
The penalties for refusing a chemical test in Pennsylvania are severe. A license suspension of up to 18 months, fines, and the possibility of alcohol treatment are all possible consequences of refusing a test. Additionally, refusing a test does not ensure that you will avoid a DUI conviction. If you are facing DUI charges, it is essential to speak with an experienced DUI lawyer who can review your case, advise you of your options, and help you protect your rights. Remember, the best way to avoid the serious consequences of a DUI or refused chemical test is not to drink and drive or get behind the wheel after using drugs. Stay safe, stay sober, and drive responsibly.
Contact Chester County DUI Defense Attorney
It may be possible to fight your Pennsylvania DUI charge and win, but you’ll never know if you plead guilty without first exploring your options. Ciccarelli Law Offices can review your case to determine whether the local Pennsylvania district attorney’s case has weaknesses that are open to challenge. We will prepare each case as though it is going to trial to insure preparation and thorough understanding and will take the case to trial if you are not satisfied with the resolution that is offered. We strive to be zealous advocates and always try to obtain the best results for our clients.
We are based in West Chester PA (Chester County) in Suburban Philadelphia and represent individuals charged with Drunk Driving, DUI, Driving After Imbibing cases Throughout Pennsylvania including but not limited to Philadelphia, Lancaster, Allentown, Oxford Exton Phoenixville Parkesburg Malvern Coatesville Lionville Chesterbrook Devon Newtown Square Glen Mills Pottstown Downingtown Kennett Square King of Prussia Paoli and beyond.
You deserve a West Chester Pennsylvania DUI lawyer that is available when you need him, treats you with respect, and protects your rights vigorously. For more information or to schedule an appointment with an experienced Pennsylvania DUI Attorney at Ciccarelli Law Offices, by contacting us at (610) 692-8700 or toll free at (877) 529-2422.