Refusal to Submit to a Breath Test in PA

Refusal to Submit to a Breath Test Lawyers in Bensalem PA

All Pennsylvania drivers automatically offer implied consent to take a breath test. As a result, anyone who declines to take a breath test when requested by law enforcement is subject to criminal charges for Refusal. In fact, even if you refuse to take a breath test, you can be charged with a DUI offense. This means that you will face charges for both Refusal and DUI. Worse yet, it will actually be more difficult to challenge the DUI offense in court if you do not take the breath test.

Levittown DUI Defense Attorneys

Kamensky Cohen & Riechelson is a well-respected law firm with a rich tradition and more than 40 years of experience in Pennsylvania. Our DUI lawyers represent clients throughout Bucks County, including Perkasie, Newtown, and Solebury. Additionally, our DUI litigators have earned the respect of other defense lawyers and prosecutors because we have a proven record of success in the courtroom. Call us today to discuss your Refusal charges and get an experienced DUI defense lawyer on your side.

Breath Test Refusal in Bucks County, PA

Courts interpret the breath test requirement very loosely. As a result, you can be convicted of Refusal even if you did not explicitly reject the police officer’s request to take a breath test. When it comes to DUI law and breath tests, silence is the same as refusal.

You can also be charged with Refusal if you decline to take a blood test or a urine test when requested. This is because the Pennsylvania implied consent law applies to all state-sanctioned chemical tests.

Penalties for PA Breath Test Refusal

Offenders who refuse to take a breath test may be subject to severe penalties because they will be automatically charged under the Highest Impairment category for DUI offenses.

The penalties for breath test refusal vary, depending upon the number of prior offenses:

  • First Offense: License suspension for 1 year
  • Second Offense: License suspension for 18 months
  • Third Offense: License suspension for 18 months

The sentences for DUI and Refusal are imposed consecutively. As a result, your license suspension will basically be doubled if you are convicted of both offenses.

Defenses against Refusal Charges Pennsylvania

A knowledgeable attorney who is familiar with DUI laws in Pennsylvania might be able to raise strong defenses on your behalf. In Refusal cases, some of the most common defenses include:

  • No Probable Cause for the Traffic Stop: The police officer’s request for you to take a breath test may have been invalid if the officer lacked probable cause to stop your vehicle in the first place.
  • No Reasonable Suspicion of DUI: Reasonable grounds must have existed for the breath test request. If the police officer did not have reason to believe that you were impaired, they had no legal right to ask you to submit to a breath test.
  • Driver Doesn’t Speak English: Non-English speakers might have a valid defense to a Refusal charge because it’s possible that they did not understand the police officer’s instructions.
  • Medical Condition: Sometimes it is impossible for a person to provide a sufficient breath sample because they suffer from a medical condition like asthma.

Free Consultation with Warrington DWI Attorneys

The DUI attorneys at Kamensky Cohen & Riechelson are prepared to guide you through the complex legal process in Pennsylvania and keep you informed every step of the way. If you have been charged with Refusal or Drunk Driving, KCR can help you. Call us today to discuss your case, or email us to schedule an in-person consultation at our conveniently located office in Bensalem, PA.

Contact Kamensky Cohen & Riechelson

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