A refusal DUI, also known as a DUI refusal or refusal to submit, is a type of DUI charge that can result from a driver’s refusal to take a breathalyzer or other chemical test after being pulled over on suspicion of driving under the influence.
Under Pennsylvania’s implied consent law, drivers are required to submit to a breathalyzer or other chemical test if they are lawfully arrested for DUI. Refusing to take a chemical test can result in additional penalties, including fines, license suspension, and possible jail time.
In a refusal DUI case, the prosecution must prove that the driver was lawfully arrested and that they refused to take a chemical test. The driver may have refused for a variety of reasons, such as fear of needles or medical procedures, concerns about the accuracy of the test, or simply not understanding their legal rights.
If you are facing charges for a refusal DUI in Pennsylvania, it is essential to have an experienced DUI defense attorney on your side who can help you understand your legal options and build a strong defense strategy. I can challenge the legality of the arrest, question the accuracy of the breathalyzer or other chemical test, and argue that the driver had a legitimate reason for refusing to take the test.
The penalties for a refusal DUI in Pennsylvania are similar to those for other types of DUIs, but can be more severe because of the additional refusal charge. Therefore, it is important to have an experienced DUI defense attorney on your side who can help you navigate the legal system and fight for your rights and freedoms. Contact me today!