Questions: Do I have to take the Breathalyzer test in Pennsylvania?
Answer: You have the right to refuse, but doing so will leave you with a host of legal complications, including loss of driving privileges for one year.
At Brennan Law Offices in Philadelphia, we have over 25 years of experience defending people against charges of drunk driving.
A concept called “Implied consent” comes into play in DUI arrests in Pennsylvania. Implied consent means that if you are driving a vehicle on a Pennsylvania road, it is implied that you automatically consent to take the Breathalyzer test or blood alcohol test in the event you are arrested. If you refuse to take the test, you automatically lose your driver’s license for 12 months.
Refusing to take the Breathalyzer test is a legal issue played out in civil courts, as opposed to criminal courts. A knowledgeable defense lawyer can help you with the criminal defense aspects of a DUI arrest as well as the civil charges you will face for refusal. Our attorneys are equipped to help you fight back against criminal charges and make the strongest case possible for keeping your driver’s license.