Our Advice: Do Not Refuse a DUI Test
Pennsylvania does not want people to refuse a DUI test, and the law adds punishment to those who do refuse. If you have been arrested for DUI, whether you took the test or refused the test, talk to a lawyer who can guide you through the DUI process and help you resolve the charges.
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It can be confusing to be pulled over, stand among flashing lights and be told you must take certain tests. The officer has to tell you the penalty for refusing a blood, breath or urine test for BAC (blood alcohol content). If the officer does not tell you the consequences, that might be the only defense you could have. (In rare cases, there may be a health reason for not taking a test.)
What are the penalties for DUI test refusal? First, the officer will send a notice of refusal to the Pennsylvania DOT (PennDOT) and you will face automatic suspension of your driver's license for one year. Second, your DUI case will automatically be kicked up to the third tier — the tier for a BAC of .16 and above.
You are not entitled to a jury trial for your refusal to take a DUI test.
What if you did refuse to take a DUI test? Talk to a DUI defense lawyer who knows the law and who has handled many DUI cases in Pennsylvania. Tell us everything that happened at the time you were pulled over and arrested. As with any DUI case, we will do our own investigation and protect your rights.
At the Gover Perry & Shore law firm in Harrisburg, Pennsylvania, you can be assured that our attorneys will work hard for you, and we will give you honest answers at every step of your case — from your free initial consultation to the resolution of the case.
Contact us for a free initial consultation about your DUI arrest.