A DUI charge doesn't have to define your future. And neither does refusing a breath test. With the right legal team by your side, you can confront this challenge head-on and move forward with confidence. Trust our DUI attorney at the Law Offices of James Crosby to provide the professional, empathetic, and persuasive representation you need.  

At our firm, we believe every story deserves to be heard, and every case deserves a thorough defense. We'll analyze the evidence against you, searching for inconsistencies or errors that could weaken the prosecution's case. Our ultimate goal is to get your charges reduced or dismissed altogether. We don't just want to win your case; we want to help you reclaim your life. 

Contact us today to schedule a free consultation. We proudly serve clients all over Western Pennsylvania, including Murrysville, Harrison City, Greensburg, Latrobe, and Westmoreland County. We know the laws, we know the courts, and most importantly, we know how to fight for you.  

Understanding Pennsylvania's Implied Consent Law

First, let's clear up any misconceptions you might have about Pennsylvania's implied consent law. You may have heard that you have the right to refuse a breath test, but that's not entirely true. 

Pennsylvania's implied consent law states that by choosing to drive in our state, you're automatically giving your consent to undergo breath or blood tests if a police officer suspects you're driving under the influence. So it's not merely a request; it's a legal obligation. If you refuse these tests, there can be severe consequences. 

Understanding this law can help save you from making a hasty decision in the heat of the moment. If you're charged with a DUI in Pennsylvania, it's crucial to consult with a criminal defense lawyer immediately. We can help you understand the legal process, challenge the evidence, and fight to minimize your penalties.  



Possible Penalties for Breath Test Refusals

If you're arrested for a DUI and choose to refuse the chemical testing, the law stipulates that your driving privilege will be suspended for 12 months. And if you've had previous suspensions or DUI convictions, that period can be extended to 18 months. The officer is also required to inform you about this potential suspension and the possibility of a hefty restoration fee, which can be as much as $2,000. 

But it doesn't stop there. If you decline the breath test and later are found guilty of a DUI violation, you'll face additional penalties. The law also provides ways for law enforcement to obtain chemical testing through other means, like valid search warrants or court orders. 

Pennsylvania's Legal Limit and the Purpose of Breath Test Results

In Pennsylvania, the legal limit for Blood Alcohol Content (BAC) is 0.08%. That means if your BAC is 0.08% or higher, you can be charged with a DUI. However, it's important to note that penalties can vary based on the level of impairment.  

It's also important to note that you don't necessarily have to be physically driving a vehicle to be charged with a DUI in Pennsylvania. The law states that a person can be charged if they drive, operate, or are in actual physical control of the movement of a vehicle while under the influence. This means that even if your BAC is at or above the legal limit and you're not actively driving but are in the driver's seat with the keys in the ignition, you could still get charged with a DUI. And you must still submit a breath test if the police approach you.  

The purpose of breath test results is pretty straightforward. They're used to determine the amount of alcohol or controlled substances in your blood. The results are admissible as evidence in court proceedings related to DUI or other violations.  

The law specifies who can conduct these tests and what equipment should be used. You're also entitled to request an additional test administered by your own doctor. 

How a DUI Attorney Can Help

As you can see, a DUI charge and the decision to refuse a breath test can have far-reaching consequences in Pennsylvania. That's why it's crucial to have an experienced lawyer by your side who understands the law and has successfully defended clients facing similar situations. 

At the Law Offices of James Crosby, our DUI lawyer will work tirelessly to protect your rights and fight for the best possible outcome for your case. Here's how we can help:  

  • We will thoroughly review the evidence against you and look for any issues that may weaken the prosecution's case. 

  • We will challenge any inconsistencies or errors in the administration of breath tests, including the qualifications of the person administering it and the maintenance of testing equipment. 

  • We can negotiate with prosecutors to get your charges reduced or dismissed altogether.  

  • If necessary, we are prepared to take your case to trial and present a strong defense on your behalf.  

Breath Test Refusal Attorney in Murrysville, Pennsylvania

At the Law Offices of James Crosby, we're more than just your attorneys; we're your advocates, your guides, and your protectors. We understand how challenging it can be to face a DUI Breath Test Refusal charge in Pennsylvania. It's not just about the potential legal penalties; it's about the fear, the uncertainty, and the impact on your life. That's why we're committed to providing compassionate, comprehensive legal counsel to help you navigate this difficult time.