Breath Test Refusal Defense Attorney in Delaware County, PA Helping Defendants Seek Favorable Outcomes in Delaware County, Montgomery County, Chester County, and Throughout Southeastern Pennsylvania
Despite common misconceptions, refusing to take a breathalyzer test won’t prevent you from facing driving under the influence (DUI) charges in Pennsylvania. In fact, you can face separate refusal consequences in addition to potential DUI charges. In this complicated situation, you need an experienced Delaware County breathalyzer refusal lawyer who will help you defend against both the consequences of violating the state’s implied consent law and charges of driving under the influence of drugs or alcohol.
At The Law Offices of Joseph Lesniak, LLC, we provide comprehensive legal support for complex situations, including DUI charges with breath test refusal. With a record of securing favorable outcomes for our clients and the distinct advantages that accompany the insider knowledge of a former prosecutor, we’re ready to fight for your best interests. Contact us today for a free consultation, and find out what a strategic defense can do for you.
Facing Breathalyzer Refusal Penalties in Delaware County, PA?
In Pennsylvania, you can’t simply decline to take a test to assess your blood or breath alcohol level if asked to do so by a police officer with legitimate cause for stopping you—at least, not without facing serious consequences. That’s because the state imposes an implied consent law. Violating this law can carry significant consequences, and it doesn’t prevent you from facing DUI charges that also involve severe penalties.
Pennsylvania’s Implied Consent Law
Under Section 1547 of Pennsylvania Consolidated Statutes, Title 75, simply driving, operating, or being in physical control of any motor vehicle on PA roads constitutes giving consent to breath or blood testing, provided that a law enforcement officer has “reasonable grounds” to request a test.
If you refuse to submit to testing, you won’t be forced to do so. Per this statute, the test will not be conducted—however, you will be subjected to civil penalties, and you can still be charged with a DUI.
Penalties for Breathalyzer Refusal in PA
License suspension isn’t automatic following a DUI arrest, and instead occurs only after a conviction (and does not apply for first-time convictions with a BAC level that constitutes only general impairment). However, when you refuse a breath or blood test in PA, you’re subject to suspension of your driving privileges upon refusing to submit to the test.
If you were stopped by police or arrested under suspicion of driving under the influence of drugs or alcohol, the term of license suspension for breath test refusal is generally 12 months. A longer suspension of 18 months can be imposed if you have previously had a license suspended due to breath test refusal or been convicted of a DUI.
A shorter license suspension period of six months applies if you refused a breath test when you were arrested for other violations, such as driving with a suspended license or without an ignition interlock device when required.
To get your driving privileges reinstated at the end of the term of license suspension, you must pay a restoration fee. While the general restoration fee in Pennsylvania is $500, you can face significantly higher fees in certain situations. For example, if you have one prior suspension for breath test refusal, the fee restoration fee is increased to $1,000. With two or more prior license suspensions for breath test refusal, the restoration fee amounts to $2,000.
How Breath Test Refusal Impacts a DUI Case
The loss of your driving privileges is far from the only consequence of breath test refusal. It’s important to realize that refusing to submit to a breath or blood test does not prevent you from being charged with a DUI and can actually hurt your case. If you have made this common mistake, you need a Delaware County breathalyzer refusal lawyer who can help you manage the legal consequences effectively.
DUI Charges Without Breath Test Evidence
Although the threshold for the BAC level that is considered general impairment is 0.08% for adults (age 21 and older) operating private vehicles, Pennsylvania’s DUI law also establishes that charges may be filed even with a BAC below this limit if you are impaired.
This means that even without taking a breath test, you may be charged with a DUI based on law enforcement officers’ testimony that you were incapable of driving safely due to impairment resulting from alcohol or drug consumption.
Just as the results of a breath or blood test, when conducted properly by trained personnel using approved equipment, are admissible as evidence, so is your refusal to submit to chemical testing. Although this evidence can’t be used to make “presumptions,” per the statute, the fact that you refused chemical testing is one factor that can be considered in court when you are facing DUI charges.
Harsher Penalties for DUI Convictions With Breathalyzer Refusal
A DUI conviction can carry harsher penalties if you refused a breath test. Generally, Pennsylvania law establishes three tiers of DUI offenses based on the offender’s BAC level. Under Section 3804 of Pennsylvania Consolidated Statutes, Title 75, which establishes the penalties for DUI violations, the penalties you face for a DUI that involves breath test refusal are equivalent to those imposed on offenders with the highest BAC level.
That means a first DUI offense, when you refused a breathalyzer test, will result in at least 72 consecutive hours in prison and potentially up to six months of jail time. You also face high fines of $1,000 to $5,000, as well as required attendance at an alcohol highway safety school and any court-ordered drug and alcohol treatment requirements.
If you already have a prior DUI conviction on your record, the penalties are particularly severe. A second offense of this nature results in a mandatory prison term of at least 90 days, with a maximum of five years. You can also be fined an amount between $1,500 and $10,000. If this arrest constitutes a third or subsequent offense, you’ll face at least one year and potentially five years in prison, as well as fines between $2,500 and $10,000.
The stakes are high, and you can’t take back your breathalyzer refusal now. Your best option is to retain an experienced breathalyzer refusal attorney who is prepared to step in and manage this complex situation, mitigating the impact of refusing a breath test.
Turn to a Breath Test Refusal Defense Attorney in Delaware County, PA, for Strategic Legal Guidance
Although a breath test refusal matter may seem clear-cut, there are effective strategies that could be used to minimize the impact of civil penalties like license suspension, as well as how breathalyzer refusal affects a DUI case against you.
Challenging the Legality of the Traffic Stop
Although PA’s implied consent law requires motorists to consent to breath or blood testing, officers generally can’t stop you and demand that you submit to a test without proper cause. Per the statute, an officer must have “reasonable grounds” to believe that you are in violation of one of the following laws:
- Driving under the influence of alcohol or a controlled substance (Section 3802 of Pennsylvania Consolidated Statutes, Title 75)
- Driving with a suspended license (Section 1543(b)(1.1) of Pennsylvania Consolidated Statutes, Title 75)
- Unlawfully driving a vehicle not equipped with an ignition interlock device when installation of such a device is required, such as due to a prior DUI (Section 3808(a)(2) of Pennsylvania Consolidated Statutes, Title 75)
If it’s possible that the police may have stopped you without cause and demanded that you submit to breath or blood testing without reasonable grounds, it may be possible to get the case against you dismissed entirely. One of our first steps when analyzing your case is assessing whether there are any grounds to challenge the legality of the traffic stop and the request that you submit to a blood or breath alcohol test in the first place.
Arguing Improper Arrest Procedures
Many motorists don’t realize that simply by operating a vehicle on Pennsylvania roads, they’re subject to the state’s implied consent law. The same statute of PA law that outlines the civil penalties for breath test refusal also establishes the duty that law enforcement officers have to inform a defendant that:
- Refusing a breathalyzer test results in the suspension of driving privileges, and
- Reinstating driving privileges following the term of suspension requires you to pay a restoration fee of up to $2,000
If officers failed to inform you of these serious consequences of declining to submit to breath testing, you may have grounds to fight these civil penalties. We can review the circumstances of your arrest and identify law enforcement failures, improper procedures, and rights violations.
Identifying Factors That Prevented Understanding or Compliance
To face the consequences of a breath test refusal, you must have made an informed decision not to submit to chemical testing. We may be able to argue that certain factors interfered with your ability to comply with the request for testing, such as:
- Medical conditions that prevented you from providing a sufficient sample for testing
- A language barrier that stood in the way of your understanding the officers’ explanations about breath test refusal consequences
- A misunderstanding that prevented you from grasping the full consequences of refusal
We thoroughly review the facts of a traffic stop and arrest to identify whether any such factors can be used to fight the civil penalties of a breath test refusal.
PA law provides the right of appeal in suspensions related to breathalyzer refusal. Based on these factors, we may be able to appeal your license suspension.
Building the Strongest Possible DUI Defense
Breathalyzer refusal evidence can be used against you in court, which means you need to consider the impact of this situation on any DUI charges you could be facing. As your DUI defense attorney, we will focus on developing the strongest possible defense against these charges.
Exploring Pre-Trial Diversion Options
Motorists who are charged with DUI involving breathalyzer refusal may be eligible for the Accelerated Rehabilitative Disposition (ARD) Program, which is Pennsylvania’s pre-trial diversion program focused on rehabilitation rather than harsh punishments. Through this program, defendants who qualify—often, first-time offenders—can have the DUI charges against them dropped if they complete established conditions, which include probation and community service.
Although refusal results in facing the same minimum conditions as a DUI defendant with the highest BAC level, these conditions are less harsh than the sentences imposed upon a DUI conviction and could allow you to avoid jail time. Instead, you would be required to complete a minimum of 12 months of probation, 32 hours of community service, and a 60-day license suspension.
Our firm can determine whether the ARD Program is an option for you, advise you on its advantages, and help you prepare your application.
How The Law Offices of Joseph Lesniak, LLC, Can Help
Although breathalyzer refusal can complicate DUI charges and impact your driving privileges, the right legal strategy—one that’s developed precisely with your unique situation in mind—can help you address these challenges as effectively as possible. Our firm provides comprehensive support at every part of the legal process, including:
- Answering your questions and informing you of your rights and options during an initial free consultation
- Analyzing the facts of your case and the circumstances of your arrest
- Determining whether you have grounds to appeal a license suspension for breath test refusal
- Developing the strongest possible defense against DUI charges
- Exploring all options for minimizing the impact of this legal issue on your life, including participation in the ARD Program, if eligible
- Representing you in all legal proceedings to protect your rights
- Presenting your case in court, if a trial offers you the best path forward
We know how confusing the legal process is, and we serve clients accused of DUI and breath test refusal with empathy and exceptional service to provide much-needed peace of mind.
Why Choose The Law Offices of Joseph Lesniak, LLC, as Your Delaware County Breathalyzer Refusal Lawyer?
For a knowledgeable breath test refusal defense attorney in Delaware County, PA, who recognizes the impact of implied consent violation penalties on your case and your life, you need The Law Offices of Joseph Lesniak, LLC. Our firm is known for our experience on both sides of the courtroom, the comprehensive guidance we provide, and our dedication to making a difference in our clients’ lives.
20+ Years in Legal Practice
Over more than two decades practicing law, Attorney Joseph Lesniak has helped thousands of clients achieve favorable resolutions in the face of serious criminal charges. As both a former prosecutor in the Delaware County District Attorney’s Office and a criminal defense attorney recognized for getting results, he brings to each case valuable insider knowledge of how the opposing side approaches DUI cases and a record of success defending against these charges.
Complete Support for Every Stage of the Legal Process
From the moment you retain our firm as your DUI defense attorney, we provide the guidance you need to manage every aspect of your legal issue with confidence. We analyze the facts, investigate the situation, identify effective strategies, and advocate for your best interests throughout every step of the process.
A Commitment to Fighting for Your Rights
We care about making a difference in our clients’ lives, and we recognize how difficult and stressful facing DUI charges and civil license suspension for breath test refusal can be. We’re willing to advocate tirelessly for you, pursue the avenue that offers you the most favorable outcome possible, and fight for you in court if necessary. We make a commitment to protecting your freedom and your future by working to minimize the consequences of this legal issue as much as possible.
Contact a Delaware County Breathalyzer Refusal Lawyer at The Law Offices of Joseph Lesniak, LLC, Today for a Free Case Evaluation
A free, confidential initial consultation with an experienced Delaware County breathalyzer refusal lawyer can help you understand what you’re up against, what’s at stake, and what strategies could help you achieve a more favorable outcome.
For help from a breath test refusal defense attorney in Delaware County, PA, contact The Law Offices of Joseph Lesniak, LLC, online or call (484) 444-2348 today.
