Refusing a Breathalyzer in Pennsylvania

WHAT HAPPENS WHEN YOU REFUSE A BREATHALYZER IN PENNSYLVANIA?

What many people are not aware of is that when you obtain a motor vehicle license in Pennsylvania, you subject yourself to chemical testing should you be suspected of driving under the influence of alcohol or drugs.

Pennsylvania has an implied consent rule which means driving your vehicle on public roadways is an agreement to submit to chemical testing to prove sobriety. The idea is that driving is a privilege and the need to keep public roadways safe is paramount to an individual’s right to privacy.

This means that if you are suspected of a DUI in Pennsylvania, you may be questioning your rights and whether or not you were required to submit to testing at the time of your arrest. Or, alternatively, you may have refused testing and are now wondering what the penalties may be for refusing the breathalyzer.

An aggressive DUI lawyer can help you to fight to retain your license or have your charges reduced or dismissed.

If you have been arrested for a DUI and refused to submit to chemical testing, it is important that you seek the help of an experienced Pittsburgh DUI attorney immediately.

There are options available to contest a DUI in court, especially for first time DUI / DWI offenders. Know your options so you can understand what you are up against.

OUR NUMBER ONE GOAL: GETTING YOUR DUI CHARGES DISMISSED.

CALL KETCHEL LAW TODAY: 412-456-1221 FOR A FREE CONSULTATION

WHAT IS A BREATHALYZER AND WHEN IS IT USED?

A breathalyzer is a device that is used by police as a means to measure the amount of alcohol in your system. When you drink alcohol, it gets into your bloodstream, which flows to the lungs and exits your body through your breath when you exhale.

Should you be arrested under suspicion of DUI, police will likely administer a breathalyzer to measure your Blood Alcohol Content, or BAC, to determine the amount of alcohol in your body.

The BAC level is also what is likely to determine your punishment or penalties once convicted and is based on a tiered system for DUI sentencing.

A high BAC level could mean spending up to six months in jail, even if it is a first offense DUI.

There are rules to administering a breathalyzer test. The test must be administered within two hours of the arrest. If administered improperly, it can create a false positive result. It is recommended that a suspect be observed for twenty minutes before testing to make sure no extraneous factors throw off the testing.

False positive results from a breathalyzer can stem from these factors:

  • Eating a breath mint;
  • Vomiting;
  • Ingesting more alcohol;
  • Smoking;
  • Ingesting cough medicine;
  • Using an oral numbing spray or gel;
  • Eating a high protein/low carbohydrate diet.

Read more about the Pennsylvania Breath Test Procedures under PA Code § 77.24

PENALTIES FOR REFUSING A BREATHALYZER IN PA

In Pennsylvania, BAC is what determines your punishment when being sentenced for a DUI. If you refuse to submit to a breathalyzer, the prosecutors cannot properly determine your punishment according to their tiered system based on BAC.

Therefore:

Anyone who refuses to submit to a breathalyzer test in Pennsylvania faces automatic punishment simply for refusing. This is true even if your DUI charges are dropped or you are acquitted. Many of the penalties you face for refusing the breathalyzer are enforced no matter the outcome of your DUI case.

Refusal of a breathalyzer includes a 12-month license suspension for a first offense and 18-month license suspension for a second or subsequent offense. This will be enforced whether or not you are charged with the DUI and, if convicted, in addition to any penalties you face.

It is important to note that a portable breath test is NOT a formal breathalyzer test. If a police officer administers a portable breath test roadside, it is not the official testing for BAC, but it can be used as probable cause in your DUI case.

You are not required to submit to a portable breathalyzer test, nor should you agree to such testing.

RULES IMPACTING REFUSAL OF A BREATHALYZER

In January, 2018, lawmakers are instituting a new penalty for refusing to submit to a breathalyzer. Drivers who are convicted of DUI but refuse a BAC test will have to pay a restoration fee to get their license back once the suspension is over.

The fees for refusing to submit a breathalyzer in Pennsylvania are as follows:

  • $500 for a first offense;
  • $1,000 for a second offense, and;
  • $2,000 for a third, or subsequent offense.

These fees are already under debate. If they are proven to be punitive in nature, they may not hold up in court. However, if the PennDOT can show that the increase is due to the cost of processing and re-issuing the license, then it may be valid.

An Arrest is Not A Conviction.

If you refused a breathalyzer test, you still may face other charges like a DUI conviction and a permanent criminal record.

Just because you have been arrested for DUI and refused a breathalyzer does not mean that you will also be convicted. It is worth speaking to an experienced DUI Lawyer about your case.

OUR NUMBER ONE GOAL: GETTING YOUR DUI CHARGES DISMISSED.

CALL KETCHEL LAW TODAY: 412-456-1221 FOR A FREE CONSULTATION

How Can a Pittsburgh DUI Lawyer Help?

At Ketchel Law, our greatest strength lies in critically analyzing and dissecting the details of a police officer’s report looking for weaknesses, neutralizing the police officer’s testimony and questioning the testimony of any experts regarding blood or breath testing.

Sometimes the arresting officer does not have reasonable suspicion to stop your vehicle or probable cause to justify your arrest. If this is the case, we can work to suppress the evidence and gain a dismissal of the DUI charge.

When a full dismissal is not possible, we strive to negotiate an alternative to jail time (home detention, alternative housing, or work release) or have the charges reduced.

For first-time DUI offenders, we negotiate for placement in the Accelerated Rehabilitative Disposition (ARD) program. And, when an alternative resolution is not possible, we represent DUI clients at trial.

We understand the county-by-county differences in the enforcement of Pennsylvania’s DUI laws, and apply our extensive knowledge to building the strongest case possible.

Because the laws are complicated and the penalties can vary, you absolutely must speak with a DUI attorney who understands how the system works— call Justin Ketchel for a free legal consultation.

JUST BECAUSE YOU HAVE BEEN ARRESTED FOR DUI DOES NOT MEAN THAT YOU WILL ALSO BE CONVICTED.

Call the law offices of Justin J. Ketchel at 412-456-1221 for a free legal consultation. We take your case seriously and are committed to providing quality legal advice.

Learn More About DUI Laws in Pennsylvania: