Richard J. Emhof DUI/DWI Law Blog on Lawyers.com

Unlike some other states, Pennsylvania law does not make it a separate criminal offense to refuse to submit to a chemical test. Under Pennsylvania’s “Implied Consent” law, driving on a roadway in Pennsylvania constitutes implicit consent to submit to a chemical test requested by a police officer who reasonably suspects the driver of drunk driving. The consequences for refusing to submit to a chemical test during a Pennsylvania DUI arrest are two-fold.

First, there is a suspension of the driver’s Pennsylvania driving privilege of twelve months or eighteen months, depending on whether the driver has any prior DUI convictions and/or chemical test refusals. This suspension is in addition to any suspension that might result from a conviction of the DUI offense in criminal court. Second, although refusing a chemical test is not a criminal offense in itself, it does result in consequences in the criminal DUI proceedings. Drivers convicted of DUI with chemical test refusal are sentenced the same as those with a blood-alcohol content (BAC) of 0.16% or higher, the “highest BAC” tier. In other words, the courts will essentially presume that a driver who refuses a chemical test would have had a very high BAC. If convicted, the driver will be sentenced more severely than DUI drivers with lower BACs.

Anyone charged with DUI in Pennsylvania with chemical test refusal needs to seek the advice of a Pennsylvania DUI attorney as soon as possible after the arrest. This is because the driver’s license suspension for the refusal will go into effect very soon after the arrest, usually before the criminal case has been listed for court. There is a short window off opportunity in which to challenge the suspension and maintain driving privileges during the court proceedings.