Drivers in Pennsylvania do have the right to refuse a DUI blood test. Like every other state, however, Pennsylvania has laws known as implied consent laws. This means that just by driving, you agree to be subject to DUI testing. So if a police officer ever stops you and you refuse, it can be argued that you are essentially breaking the law and may pay the consequences.
Penalties for Refusing to Take A DUI Blood Test
In Pennsylvania, if you refuse to take a DUI blood test, it is the officer’s duty to explain the potential consequences you face. The officer must also inform you that a refusal can be used against you in a court of law if your case goes to trial. While you have the right to refuse a DUI test, this does not prevent local enforcement from using this against you.
Depending on circumstances, a driver’s refusal to submit to a DUI blood test can lead to a number of consequences, some more severe than others. The factors that determine the licensing requirements and penalties are the combination of a driver’s Blood Alcohol Content (BAC) level and if they have prior offenses.
Drivers with a clean record will automatically have their license suspended. Drivers who have previously been arrested for driving under a DUI-related suspension or for driving without an ignition interlock device are required to submit to DUI testing. Upon refusal, these drivers face more serious consequences including:
● License suspension
● Jail time
● Fines
● Requirement to install an ignition interlock device (IID)
If you have been subject to a blood test, and are facing prosecution for a DUI or implied consent charges, consider contacting a DUI lawyer in Pennsylvania. Our team at McKenzie Law Firm, P.C. can help you understand your rights and defenses. Call 610-680-7842 today for a free consultation.
Getting Your Driver’s License Back
Driving is a privilege and not a right. Laws are put in place to protect the safety of everyone on the roads including motorcyclists, cyclists, and pedestrians. Drivers must be responsible and focused. Only those who meet certain requirements are granted that privilege. If your license was suspended by the Pennsylvania Department of Transportation, you must satisfy your suspension requirements before it can be reinstated.
The duration of your license suspension and your reinstatement fees vary depending on the severity of your violation. Offenders who refuse testing may be subject to the highest BAC penalties. All fees must be paid before reinstatement of your license.
● First offense: 12-month suspension of your driver’s license and a $500 fine
● Second offense: 18-month suspension of your driver’s license and a $1,000 fine
● Third offense: 18-month suspension of your driver’s license a $2,000 fine
Refusing A Blood Test Can Work Against You
Under Pennsylvania’s DUI law, driving with a BAC above 0.08 percent is illegal. If a police officer pulls you over and you have been drinking, you are at risk of violating the law. The officer asks you to submit to a DUI blood test.
If you refuse, your refusal could work against you. You may be subject to the highest BAC penalties if you end up in court. Your refusal may be introduced in evidence along with any other testimony concerning the circumstances of your refusal.
If you have been subject to a blood test, and are facing prosecution for a DUI or implied consent charges, consider contacting a DUI lawyer in Pennsylvania. Our team at McKenzie Law Firm, P.C. can help you understand your rights and defenses. Call 610-680-7842 today for a free consultation.
Consider the Alternatives to Going to Trial
If you are a first-time offender, the state of Pennsylvania does offer an alternative to trial, conviction, jail time or the mandatory loss of your license for one year. It is a program known as the Accelerated Rehabilitative Disposition (ARD). ARD is an intervention program for non-violent offenders with no prior or limited record. The main purpose of the program is the successful rehabilitation of the driver.
The goal is to intervene and re-educate the driver at an early state, to prevent similar incidents in the future. It also eliminates the need for expensive and time-consuming trials or other court proceedings.
McKenzie Law Firm, P.C. Can Help You Fight for Your Rights
Blood tests are known for being accurate and reliable. If you have been subject to a blood test, and are facing prosecution for a DUI or implied consent charges, consider contacting a DUI lawyer in Pennsylvania. Our team at McKenzie Law Firm, P.C. can help you understand your rights and defenses. Call 610-680-7842 today for a free consultation.
