Refusing DUI Testing in Pennsylvania

One of the most intimidating aspects of a DUI stop in Pennsylvania is being tested to evaluate whether you are driving under the influence. While you have the right to refuse blood, breath, urine, or field sobriety tests, there are significant penalties for doing so. At any stage of this process, hiring an experienced Pittsburgh DUI lawyer to defend your rights can make a crucial difference.

Understanding Your Rights During a DUI Stop

Knowing your rights when pulled over for a suspected DUI can help you make informed decisions. Pennsylvania law allows you to refuse certain tests, but this choice comes with consequences.

Refusing to Take a Field Sobriety Test

After they stop you, police officers may ask you to take a field sobriety test. This test evaluates your mental and physical abilities, including your capacity to follow instructions, to determine if you are intoxicated.

Common Field Sobriety Test Tasks Include: 

• Walking nine steps heel-to-toe and then turning around and walking nine steps back
• Standing on one leg
• Following a moving object, like a pen, with your eyes

Police will use the results of your performance in a field sobriety test to help establish that they had reasonable grounds for further testing, such as chemical tests.

Can You Refuse a Field Sobriety Test?

You have the right to refuse to take a field sobriety test without facing additional penalties. Refusing to do so may be helpful in situations where you refused chemical testing as well.

While refusing the test may strengthen the officer’s suspicion, it denies them further evidence of intoxication, which could benefit your defense in court.

If you do take the test and are over the legal limit, you risk giving the police solid evidence that you are under the influence.

Refusing To Take A Blood, Breath, or Urine Test

In Pennsylvania, police must have reasonable grounds to believe you were driving under the influence before requiring a blood, breath, or urine test to determine your blood alcohol content (BAC).

Typically, if a Pittsburgh police officer pulls you over and decides they have probable cause to charge you with DUI, they’ll drive you directly to a hospital, like UPMC, to have your blood tested.

What Happens If You Refuse?

Refusing a chemical test has serious implications. Understanding the process and penalties can help you decide how to proceed.

Penalties for Refusing Chemical Testing

If you refuse chemical testing, you will be provided with Pennsylvania Department of Transportation Form DL-26, which outlines the consequences of refusing a chemical test.

Consequences of Refusal

If you continue to refuse testing after being provided with these warnings the following consequences may occur:

• Your driver’s license will be suspended for at least one year and up to 18 months in certain circumstances.
• Your refusal to submit to chemical testing can also be admitted as evidence against you in trial.

Enhanced Penalties for DUI Convictions After Refusal

If you are convicted of or are pleading guilty to a DUI after refusing chemical testing, you face the harshest penalties under Pennsylvania law. Regardless of your actual BAC, refusal of chemical testing subjects you to the penalties for the highest BAC level, which can include:

• A minimum of 72 hours in jail.
• A minimum fine of $1,000.

Implied Consent Laws in Pennsylvania

The law in the State of Pennsylvania on chemical testing is based on the concept of “implied consent.” Implied consent means that anyone in the State of Pennsylvania who operates or is in physical control of a vehicle in the state is deemed to have given consent to chemical testing if a police officer has reasonable grounds to believe the person was operating the vehicle under the influence of alcohol or a controlled substance. Law enforcement does not have to obtain a warrant to conduct the chemical test.

Changes Due to Supreme Court Rulings

However, a United States Supreme Court ruling determined that conducting a chemical blood test without a warrant violates the Fourth Amendment. While Pennsylvania’s implied consent laws have not changed, enhanced criminal penalties for refusing a warrantless blood test may now be considered unconstitutional.

Despite this, the Supreme Court decision does not affect the imposition of driver’s license suspensions for refusing a chemical blood test.

How a Pittsburgh DUI Attorney Can Help

Navigating the complexities of Pennsylvania DUI laws can be overwhelming. A skilled DUI attorney can provide critical support by:

• Protecting Your Rights: Ensuring that law enforcement follows proper procedures and respects your legal rights during the DUI process.
• Challenging Evidence: Evaluating the validity of field sobriety tests, chemical test results, and probable cause to challenge the prosecution’s case.
• Reducing Penalties: Negotiating with prosecutors to minimize the consequences of a DUI charge, such as reduced fines or alternative sentencing options.
• Providing Expert Guidance: Explaining the legal implications of your choices and helping you make informed decisions every step of the way.

Having a local attorney in your corner can significantly improve your chances of achieving a favorable outcome in your case.