What happens if I am charged with a DUI and I refuse a breathalyzer test?

If you are facing DUI charges in Pennsylvania and refuse to take a breathalyzer test, you will face a separate set of penalties. The state of Pennsylvania has adopted an "implied consent" law, which states that if you are pulled over on suspicion of DUI, and you choose to refuse to submit to a chemical test of your breath, blood, or urine, you will be immediately subject to automatic license suspension. If this is your first offense, you will be suspended for one year. If a second offense occurs within 10 years after the first one, the suspension could last up to 18 months. In addition to license suspension, refusing a breathalyzer test could result in higher fines and penalties than what you would face if you did take the test and failed. It is also possible for authorities to obtain a warrant to collect a sample of your blood, or to use other measures to determine your breathalyzer reading. Overall, it is typically in your best interest to take the breathalyzer test and not refuse it. Refusing to take the test will not prevent a DUI charge; it only increases the severity of the penalty.

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