Grant C. Travis; Chad J. Vilushis; and Douglas G. McCormick
PA DUI Lawyer - Edinboro PA DUI - Edinboro PA DWIPennsylvania DUI Attorney




Attorney Grant C. Travis
Attorney Chad J. Vilushis
Attorney Douglas G. McCormick

100 State St. • Ste. 210 • Erie, PA • 16507
Call us: 814-455-3839 • Driving Directions
102 Lorna Lane • Edinboro, PA • 16412
Call us: 814-734-6076 • Driving Directions
400 Market Street • Warren, PA • 16365
Call us: 814-723-6120 • Driving Directions








What Happens If I Refuse A Blood Test In PA When Pulled Over For A DUI?

If you have been pulled over a DUI in Pennsylvania, you will most likely be asked to submit a sample of blood, breath or urine. But exactly what happens if you refuse a blood, breath or urine text in PA?

Under Pennsylvania law, any person who drives a vehicle is deemed to have given consent to one or more chemical tests of breath, blood or urine for the purpose of determining the alcoholic content of blood or the presence of a controlled substance if a police officer has reasonable grounds to believe the person has been driving a vehicle under the influence of alcohol or a controlled substance. In fact, the same applies whether pulled over for a PA DUI or due to suspected drug use while driving.

When pulled over by the police, many people wonder, “What happens if I refuse a blood test in PA?”

You should know that if you do refuse, your license will be suspended for at least one year and potentially longer. Not only that, but the license suspension for a refusal will be added to any license suspension you may receive as a result of a conviction on the underlying DUI offense.

Also, by refusing a test, your DUI offense will placed in the third, or highest, tier for sentencing purposes. This means that a case involving a refusal is treated just like a case involving a BAC over 0.16% in terms of potential penalties. Thus, a refusal is best viewed as an aggravating factor when it comes to sentencing.

While it is true that some people have avoided conviction in refusal cases, many have failed. A person cannot avoid DUI charges or a conviction simply by refusing to provide a breath or blood sample. If a defendant is placed under arrest for DUI, and ultimately refuses to provide a breath or blood sample, the police will almost certainly still file charges. Also, at the time of trial, the prosecutor will argue that the refusal was actually evidence of guilt, and a jury can use this evidence to convict a defendant of DUI.

Unfortunately, the courts have decided that an accused is not entitled to consult with an attorney prior to making the decision to provide a sample of breath or blood for testing. This means you must make the decision on your own, under very stressful and trying conditions. It is important to be mindful of the consequences when weighing the choices. Always remember what happens if you refuse a blood test in PA.

If you have refused to take a breath or blood test, it is important to consult with an experienced DUI attorney to determine what this may mean for your case – and your freedom.

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