What Happens If You Refuse a DUI Test in Pennsylvania? A Legal Breakdown

Refusing a DUI test in Pennsylvania carries serious legal consequences due to the state’s “implied consent” law. Under this law, anyone who operates a vehicle in Pennsylvania is considered to have automatically consented to chemical testing (breath, blood, or urine) if lawfully arrested on suspicion of DUI.

Legal Consequences of Refusing a DUI Test

Driver’s License Suspension

Refusing to submit to a chemical test after a DUI arrest triggers an automatic suspension of your driver’s license. For a first refusal, the suspension is typically 12 months. If you have a prior refusal or DUI conviction within the past 10 years, the suspension increases to 18 months.

This penalty is imposed regardless of whether you are ultimately convicted of DUI—even if charges are dropped or you are acquitted, the suspension remains in effect.

Fines and Restoration Fees

Refusal to take a chemical test can result in fines ranging from $500 for a first offense to up to $2,000 for subsequent offenses. Additionally, you must pay restoration fees to reinstate your license after the suspension period.

Ignition Interlock Requirement

After serving the suspension, you may be required to install an ignition interlock device in your vehicle before your driving privileges are fully restored.

Enhanced Penalties if Convicted of DUI

If you are convicted of DUI after refusing a test, you face enhanced penalties. Prosecutors may argue that your refusal is evidence of guilt, and you may be sentenced as if you had a high blood alcohol concentration (BAC), which can result in longer jail time and higher fines.

Other Considerations

Court Appearance: In some cases, refusal may require a mandatory court appearance and could result in additional jail time, especially for repeat offenders.

Admissibility in Court: Your refusal to take the test can be introduced as evidence in court, potentially making it harder to defend against DUI charges.

Field Sobriety Tests: Refusing a roadside field sobriety test does not carry the same penalties as refusing a chemical test. However, such a refusal can still be used by prosecutors to argue consciousness of guilt, though it is not an explicit admission of guilt and does not trigger automatic penalties.

Summary Table

Action	Penalty (First Offense)	Penalty (Subsequent Offense)
Refuse Chemical Test	12-month license suspension, up to $500 fine	18-month suspension, up to $2,000 fine
Ignition Interlock Required	Yes (after suspension)	Yes (after suspension)
Enhanced DUI Penalties	Possible if convicted	Possible if convicted

Key Takeaways

Refusing a DUI test in Pennsylvania results in automatic license suspension, fines, and possibly an ignition interlock requirement.

These penalties apply even if you are not convicted of DUI.

Your refusal can be used as evidence against you in court.

Refusing a chemical test does not prevent prosecution for DUI and may actually result in harsher penalties if convicted.

Understanding these consequences is essential if you are ever faced with a DUI arrest in Pennsylvania. Consulting with a qualified DUI attorney is strongly recommended to navigate the legal process and explore possible defenses.

Sources: