What are the consequences of refusing a field sobriety test?

If you are suspected of driving under the influence (DUI) in Pennsylvania, law enforcement may ask you to perform Field Sobriety Tests (FSTs). Refusing to take a FST could have serious consequences. Under Pennsylvania law, operating a vehicle on a public road is considered implied consent to perform FSTs. This means that you implicitly agree to comply with police requests. Refusing a FST can result in civil and criminal penalties. If you refuse a FST, police will likely arrest you on suspicion of DUI. This arrests triggers an administrative process in which the Pennsylvania Department of Transportation (PennDOT) will suspend or revoke your license. A license suspension or revocation could last up to one year and require a driver to go through a state hearing before having their license reinstated. In addition to a license suspension or revocation, if you are convicted of DUI, you could face additional penalties including jail time, fines, community service, and other court-ordered penalties. Refusing a FST could further increase the severity of your criminal sentence. Refusing a FST is not recommended. While it may seem like a good way to avoid a DUI charge, the consequences of not performing the FST can be more severe than the penalties for a DUI conviction. If you are suspected of DUI, it is best to comply with police requests and speak with an attorney about your rights.

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