If you’re pulled over for DUI in Pennsylvania, refusing a breath or blood test might seem like a smart move—but it comes with serious consequences. That’s because of Pennsylvania’s Implied Consent Law. 
What Is Implied Consent?
By driving in Pennsylvania, you automatically agree to submit to chemical testing (breath, blood, or urine) if a police officer lawfully arrests you for DUI. This is what “implied consent” means.
What Happens If You Refuse?
Refusing a chemical test triggers civil penalties through PennDOT—even if you’re not convicted of DUI. These include:
- Automatic license suspension: 12–18 months
- Restoration fees and costs
- Ignition interlock requirement
This suspension is in addition to any penalties from the DUI charge itself.
Refusing Can Still Hurt Your Case
Prosecutors can use your refusal in court as evidence that you were trying to hide impairment. It’s often seen as a sign of guilt—even if you thought you were protecting yourself.
Know the Difference: Roadside vs. Station Tests
The handheld Portable Breath Test (PBT) on the roadside is not mandatory and refusing it carries no automatic penalties. But once you’re under arrest, refusing the official chemical test at the station does.
Charged with DUI or Refusal? Call The McShane Firm
We’ve fought and won countless DUI refusal cases. We know how to challenge the stop, the arrest, and the testing process. If you refused a test, don’t panic—call us now and let us fight for you.
Our Clients are entitled to a Bill of Rights which states:
- Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
- Our clients have the right to expect plain speaking, straight shooting. No B. S.
- Our clients have the right to expect us to do it right the first time, every time.
- Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
- Our clients have the right to expect that they will be fully informed at all times.
This is our promise to you. Call today to get us on your side: (717) 657-3900.
