Can I Refuse a Breathalyzer in Pennsylvania?
When you’re stopped for a suspected driving under the influence, or DUI, in Pennsylvania, one of the most critical decisions you’ll face is whether to take a breathalyzer test. While refusing is within your rights, this choice has significant legal and practical consequences.
Understanding the risks and rewards of refusing a breathalyzer test can help you make an informed decision—and build a stronger defense if you’re charged.
What Happens When You Refuse a Breathalyzer in Pennsylvania?
Pennsylvania’s implied consent law means that by driving in the state, you’ve already agreed to submit to chemical testing, including breath, blood, or urine tests. Refusing a breathalyzer triggers automatic penalties, even if you’re acquitted of DUI.
Immediate Penalties for Refusing a Breathalyzer
License Suspension: A first-time refusal results in a 12-month license suspension, while subsequent refusals can lead to an 18-month suspension.
- Harsher DUI Penalties: If convicted of DUI after refusing, you may face increased fines, longer jail time, and other penalties.
- Evidence of Refusal: Prosecutors can use your refusal as evidence of intoxication in court, potentially strengthening their case against you.
Potential Rewards of Refusing a Breathalyzer
Refusing a breathalyzer test may provide certain strategic advantages in specific situations despite the penalties.
No Immediate BAC Evidence
By refusing, you deny the prosecution a key piece of evidence: your blood alcohol concentration (BAC). Without this, their case may rely on less definitive evidence, such as the arresting officer’s observations or field sobriety test results.
Weakens the Prosecution’s Case
The lack of BAC evidence can make it harder for prosecutors to prove you were above the legal limit. A skilled DUI defense attorney can highlight this gap to cast doubt on their case.
Preserves Certain Legal Defenses
Without a confirmed BAC, you may retain additional defense strategies, such as challenging the legality of the traffic stop or the arrest itself.
The Risks of Refusing a Breathalyzer
While refusing a breathalyzer might seem advantageous, it has serious downsides that can complicate your case.
Automatic Penalties
Refusing a breathalyzer leads to license suspension, even if you’re not found guilty of DUI. This penalty is independent of the outcome of your DUI case and can create immediate challenges for your daily life.
Refusal May Imply Guilt
Prosecutors often argue that refusing a breathalyzer suggests you were trying to hide your intoxication. This perception can influence a judge or jury and hurt your case.
Forced Blood Draws Are Possible
Law enforcement can request a warrant for a blood test if you refuse a breathalyzer. This allows them to obtain your BAC, anyway, potentially nullifying the advantage of your refusal.
Should You Refuse a Breathalyzer? Key Considerations
Deciding whether to refuse a breathalyzer depends on your situation. For example:
- If your BAC is likely far above the legal limit, refusing may prevent immediate evidence from being used against you.
- For first-time offenders, the penalties for refusal might outweigh the benefits, as refusal leads to automatic consequences like license suspension.
Regardless of your decision, you should always exercise your rights during a DUI stop:
- Politely decline to answer questions and request an attorney.
- Avoid performing field sobriety tests, which are not mandatory in Pennsylvania.
How Refusing a Breathalyzer Impacts Your DUI Defense
Refusing a breathalyzer creates unique challenges and opportunities for your DUI defense.
- Prosecutors face a tougher case: They rely on less concrete evidence without a BAC reading.
- Defense attorneys can leverage procedural issues: Any mistakes made during your arrest or testing refusal may strengthen your case.
However, refusal also brings automatic penalties that must be carefully addressed to minimize long-term consequences.
Protect Your Rights with Worgul, Sarna & Ness
If you’ve refused a breathalyzer in Pennsylvania, it’s crucial to work with an experienced DUI attorney who understands how to navigate the complexities of your case. At Worgul, Sarna & Ness, Criminal Defense Attorneys LLC, we’ll fight to protect your rights, challenge the evidence, and aim for the best possible outcome.
Contact us today for a free consultation at (412) 281-2146 or complete our online form. Let us help you build a strong defense and take control of your future.