QUESTION
What can happen if I refuse a blood test or breathalyzer?
Asked on Dec 26th, 2014 on DUI/DWI - Pennsylvania
More details to this question:
I was driving last night and was following a state trooper at a safe distance and they pulled over to the shoulder and immediately pulled behind me with their lights on. He stated that I appeared to be swerving behind him but my truck never crossed the yellow or white lines. He said he thought I had been drinking and made me do some field test but I refused to take a breathalyzer or blood screen. Is there anyway I will not get charged with a DUI and could beat the charges?
1 ANSWER
3 Awards
The bad news about the refusal is that it is a 18 month license suspension. If you are ARD eligible, your suspension would have been 30 or 60 days but with the refusal it is 18 months. Without the test results, that may help you create reasonable doubt in a trial. The problem is that even if your attorney beats the DUI case, the Department of Motor Vehicles can still suspend your license on the refusal as it is deemed an administrative licensing matter and not part of your criminal prosecution. It is really rarely advisable to refuse the testing .
Answered on Dec 29th, 2014 at 4:22 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900