purchase, george & murphey.
purchase, george & murphey.
A lot of people mistakenly believe that they should refuse to take a breath test when asked to do so by PA law enforcement. “If I don’t take the breathalyzer,” they think, “I can’t be charged with drunk driving.” This is absolutely wrong. In fact, if you refuse to take a breathalyzer when asked by police in Pennsylvania, you can still be charged with a DUI based on the officer’s observations of your conduct – and you will also be charged with Breath Test Refusal, which carries severe penalties. That’s because every motorist on the road in PA automatically consents to taking a Breathalyzer simply by virtue of using the roadways. Making matters worse for anyone charged with Breath Test Refusal in Pennsylvania is the fact that it can actually be more difficult for an attorney to challenge a DUI charge without evidence to contest.
Facing DUI charges and Breath Test Refusal charges in Pennsylvania? Then you need to speak with an experienced drunk driving defense attorney immediately. The knowledgeable DUI lawyers at Purchase, George & Murphey, P.C. have defended clients charged with Breathalyzer Refusal in Erie County and Crawford County, PA. Fill out our online form to schedule a free consultation about your case.
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Pennsylvania law enforcement uses the Intoxilyzer 5000EN, which is more commonly known as a “Breathalyzer” device. The Breathalyzer measures a person’s blood alcohol content (BAC), with a positive breath test indicating a BAC above .08 percent typically resulting in the person being arrested and charged with a DUI. In most instances, a person suspected of being under the influence of alcohol while driving will first be asked to take a Portable Breath Test (PBT) on the side of the road. Although PBT results are not admissible at trial, they can provide police with probable cause to arrest a driver for a DUI.
The results of the second breath test, likely administered at the police station, may be admissible in court as evidence of intoxication. However, police must follow strict protocols when it comes to maintenance of the machine and administration of the breath test. For instance, the breath test operator must be licensed and certified for use, the breath test machine must be regularly calibrated for accuracy, and the breath test must be administered within two hours of the motorist actually operating their car.
Anyone who refuses to take a breath test when asked to do so by police in PA will probably be charged with Refusal to Submit to a Breath Test. The same Refusal charges may also be filed against a motorist who declines to take a blood test or a urine test. Additionally, keep in mind that the motorist can still be charged with a DUI even if they refuse breath testing, blood testing, and urine testing.
The penalties for refusing to submit to a breath test in Pennsylvania are straightforward:
Moreover, the sentences for a Breath Test Refusal conviction and a DUI conviction will be imposed consecutively by the court. This means that the period of your license suspension will essentially last twice as long.
It is possible to contest a charge for Refusal to Submit to a Breath Test, but doing so will require the assistance of a skilled criminal & DUI defense attorney. The legal team at Purchase, George & Murphey, P.C. can potentially raise grounds for challenging the police officer’s probable cause to stop your vehicle and test you in the first place. To explore your legal options, or to schedule a free consultation at one of our offices in Erie, Meadville, or North East, contact us now.
Here is what you’ll learn about how to choose a DUI lawyer in Erie, Meadville, or Warren, Pennsylvania before you waste time calling anyone or missing work to drive across town for a “free consultation.”
The Ultimate Guide for Anyone Charged with DUI in Pennsylvania. Learn what happens next and how you can protect your family, your job, and your freedom.
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