Did You Refuse A Chemical Test Or Breath Test?

DUI - BreathLike other states, Pennsylvania has an "implied consent" law, which requires you to consent to a chemical test if you are arrested for drunk driving. Your breath, blood or urine may be tested to determine your blood-alcohol content (BAC).

Generally, the test must be administered within two hours of when you were driving. For a breath test, the police officer must first observe you for 20 minutes before the test is administered.

If police make procedural errors in these matters, there may be grounds to have the charge dismissed. To schedule a consultation to discuss your defense options with an experienced DUI defense lawyer, contact The Law Office of Marc J. Semke. We provide strong DUI defense for adults and minors in York, Harrisburg, Camp Hill and throughout South Central Pennsylvania.

What Happens If You Refuse

If you are arrested for DUI in Pennsylvania and you refuse a chemical test, the police officer is required to inform you that refusing the test will result in your driver's license being suspended. The officer is also required to inform you that you could be penalized for the refusal, in addition to DUI, if you are later convicted.

Generally, a first-time refusal will result in license suspension for one year. Any subsequent refusals will result in a license suspension for 18 months.

However, you can ask the court to grant you limited driving privileges while your license is suspended, and this typically requires the installation of an ignition interlock device on your vehicle.

To protect your driving privileges, it is best to contact a DUI defense attorney as soon as possible after a DUI traffic stop. There are deadlines to take legal action that could protect your license.

Chemical/Breath Test Refusal Defense

To schedule a consultation about your legal options regarding chemical test refusal, fill out our contact form or call our office in York at 717-781-8021. We are here to help.