DUI Test Refusals in Philadelphia

Many people have misconceptions about what their rights are if they are pulled over for suspicion of driving drunk. When you obtain a Pennsylvania driver’s license or when you operate a vehicle on PA roadways, you become subject to laws that can yield serious consequences for refusing a DUI test. If you or a family member was arrested for refusing to submit to DUI testing, you should consult with an experienced Philadelphia DUI test refusal lawyer.

The Law Offices of Lloyd Long understands that anyone can make a mistake and we are dedicated to helping you defend against your driving under the influence case. Many drivers are unaware of the state’s implied consent law and as a result, may get into a situation that causes them to lose their license or suffer even stiffer penalties. You do not have to fight your Philadelphia DUI test refusal case alone, contact the Law Offices of Lloyd Long at (215) 302-0171 for a free legal consultation.

State Implied Consent Law for DUI Charges and Test Refusals in Philadelphia

Pennsylvania’s implied consent law applies to people that have a PA driver’s license or that travel using Pennsylvania roads. Specifically, the law states that any person that “drives, operates, or is in actual physical control” over a moving vehicle in Pennsylvania has automatically given their consent to chemical testing to determine whether they were under the influence.

Actual physical control over a vehicle means that you have the power to put a vehicle into motion at any time. This means that if law enforcement discovers you sleeping in a vehicle while you are drunk and with your keys in your lap, they can administer a chemical test as you had actual physical control of the car.

Chemical testing can consist of breath or blood tests to determine sobriety. It is also possible that law enforcement may test you for a controlled substance if they believe you were driving while drugged. Law enforcement will typically attempt to perform the test within two hours of stopping a driver for a suspected DUI.

Sobriety testing can be performed when the officer pulls you over or at a later time if you are taken into custody. It is important to note that you may also be permitted to have a third party perform an additional chemical test to use as evidence in your case.

To learn more about chemical testing and the penalties for refusing one, you should continue reading and speak with an experienced criminal lawyer in Philadelphia.

Penalties for Refusing a Chemical or Breathalyzer Test After DUI in Philadelphia

Because a driver’s consent is implied when performing chemical testing, there can be consequences for refusing a chemical test. These consequences will likely impact your criminal case, but they will also include civil penalties. For example, your driving privileges can be suspended for up to 18 months under the following circumstances:

  • The defendant has had their license suspended for DUI
  • The defendant refused chemical testing before

You will also be required to pay a restoration fee that depends on a number of factors. For example, a first-time chemical test refusal can result in a $500 reinstatement fee. If this is your third offense, the price will increase to $2,000. Multiple offenses will also result in the installation of an ignition interlock device on your vehicle for up to a year. This device requires a driver to submit to a chemical test before they can turn on their car.

The criminal consequences for refusing a chemical test can vary. For example, if you refuse to take a blood test, the Commonwealth may use your refusal as evidence at your trial. They may state that you did not want to submit to chemical testing only because you knew you were drunk. This evidence can work against you and lead to increased penalties for your failure to cooperate.

The penalties for a conviction for DUI involving a test refusal in Philadelphia will depend on several different circumstances. For example, if your blood alcohol concentration (BAC) was between .08 and .099%, you can be sentenced to six months of probation and a $300 fine for a first time offender. These penalties increase depending on the defendant’s BAC and their prior offenses.

The most severe DUI penalties can result in a defendant receiving a possible maximum sentence of five years in prison and $10,000 in criminal fines.

Our Philadelphia DUI Test Refusal Defense Attorney is Prepared to Represent You

If you were arrested for refusing a breathalyzer or other chemical testing, you should contact an experienced Philadelphia DUI defense attorney. Criminal defense attorney Lloyd Long has a wealth of experience defending various types of DUI test refusal cases, and he will use this knowledge to provide you with the legal representation that you deserve. To schedule a free legal consultation to discuss your case, call the Law Offices of Lloyd Long at (215) 302-0171.


  • This field is for validation purposes and should be left unchanged.

Should You Testify in a Criminal Case in Philadelphia?

As a criminal defendant, you have the right to testify in your trial and explain your side of the story. However, contrary to what some people...

Get Help Right Now