DUI Refusal to Submit

Under Pennsylvania's implied consent laws, any driver in this state is required to submit to a chemical test of his breath, blood or urine after a lawful arrest for Driving Under the Influence. If the driver refuses to submit to the chemical test, then the driver can face harsh punishments in addition to any other penalties for a conviction for DUI.

West Chester DUI Refusal Attorney

If you have been arrested for DUI and the arresting officer alleged that you refused to submit to a chemical test of your breath, blood or urine, in West Chester, Pennsylvania, then it is important to speak to an experienced attorney. Michael J. Skinner is knowledgeable about Pennsylvania’s DUI laws, and will make every effort to help you avoid the most serious punishments. Contact the Skinner Law Firm at (267) 388-3476 for a consultation about your alleged offense today.

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Notice of Refusal and Driver License Suspension in Pennsylvania

After the arresting officer alleges a driver has refused a chemical test for their blood alcohol concentration, the officer will forward a DL-26 Form, also known as the Notice of Refusal to the Pennsylvania Department of Transportation (PennDOT). Once the Notice of Refusal is received by the Department of transportation, PennDOT will send an order to the driver that their driver’s license will be suspended 30 days from the date of correspondence.

The driver has only 30 days from the date of the correspondence to appeal the order in a civil proceeding before their driver’s license and driving privileges are suspended.

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Civil Proceeding after a DUI Arrest Involving a Refusal to Submit

After your DUI arrest and refusal to submit, two cases are pending against you. One is your criminal case for the DUI charge and the other is a civil case. The civil case involves the Pennsylvania Department of Transportation’s administrative action to suspend your driver's license for a one year period based on the allegation that the refusal to take a chemical test occurred.

A driver who has the civil case pending against them can contest the administrative suspension following a DUI arrest. In order to uphold the suspension, the Department of Transportation must establish the following facts by a preponderance of the evidence, which means the evidence that the following occurred only has to outweigh the evidence that it did not occur:

• The driver was lawfully arrested for a DUI offense based on the arresting officer's reasonable grounds that the driver was operating a vehicle while under the influence of alcohol or impaired by a controlled substance;
• The driver was asked to submit to a chemical test of his breath, blood or urine;
• The driver refused to submit to the requested chemical test; and
• The driver was warned that the refusal would result in a suspension of his driver's license.

If the arresting law enforcement officer did not read you implied consent warnings and possible punishments for refusing to submit before the refusal allegedly occurred, then the administrative suspension of your driver's license by the PennDOT may be invalidated or set aside.

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DUI Refusal in Chester County

In a DUI refusal case in Chester County, Pennsylvania, there are two different ways the law enforcement officer might allege you refused chemical testing of your breath, blood or urine. The most common type of refusal involves an express refusal. The express refusal includes an allegation that the driver simply stated, "I will not submit to the chemical test." The refusal was obvious or evident from something that driver said.

The other type of chemical test refusal, implied refusal, is more difficult for the prosecutor to prove. Usually, the law enforcement officer will allege the driver refused because of something they did, not because they said they refused the tests. Some examples of implied refusal are:

• The driver became argumentative;
• The driver refused to say out loud whether he would take the chemical test or not;
• The driver became disruptive or abusive, which made chemical testing impossible; or
• The driver failed to provide a sufficient sample for breath testing.

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Penalties for a DUI Refusal

If the driver refuses to submit to chemical testing of his breath, blood or urine to determine blood alcohol concentration (BAC), then Pennsylvania law provides for severe punishments if the driver is convicted. These penalties are typically the same for drivers convicted of DUI with the highest BAC.

A first DUI conviction involving a refusal to submit to chemical testing when the driver has a BAC of .10% to .159% is considered a Misdemeanor of the First Degree. Under Pennsylvania law, if the driver is convicted of a DUI Refusal the courts will typically impose the following penalties:

• Installation of an ignition interlock device for one year;
• A 12 month driver's license suspension;
• Between 72 hours to six months imprisonment;
• A fine between $1,000 and $5,000;
• Successful completion of an alcohol highway safety school; and
• Completion of alcohol or drug treatment, if ordered by the court.

A second or subsequent DUI involving a refusal of chemical testing is also considered a Misdemeanor of the First Degree. However, the courts will usually impose the following punishments for a conviction of this offense:

• Installation of an interlock device on the driver’s vehicle for one year;
• An 18 month driver's license suspension;
• Between one and five years in prison;
• Fine ranging from 1,500 and $10,000;
• Completion of the alcohol highway safety school; and
• Completion of any court-ordered alcohol or drug treatment.

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Skinner Law Firm | West Chester, Pennsylvania DUI Defense Attorney

Contact the Skinner Law Firm today for a consultation about your DUI offense and chemical test refusal in Chester County, Pennsylvania, and the surrounding areas of Lancaster County, Montgomery County, and Delaware County. Michael J. Skinner will listen to the facts of your particular situation, and help you identify any defenses or mitigating circumstances to your charge in order to find the best possible outcome of your situation. Contact the Skinner Law Firm at (267) 388-3476 for a consultation about your charge for driving under the influence and refusal to submit to chemical testing in Pennsylvania.