If you refuse a breath test or a breathalyzer in Pennsylvania, the consequences can vary. You will, in all likelihood, be cited for refusing to submit to the breath test or the breathalyzer. That can invoke administrative proceedings with PennDOT, where a person could lose their license for one year. That's separate and apart from a DUI charge and the potential consequences of a DUI conviction. If you refuse a breathalyzer or breath test, that would make your DUI case be charged under tier three, which is the most severe tier among the three tiers for DUI cases in Pennsylvania. Meaning that a refusal, if a person were to be convicted for a tier three offense, the potential penalty penalties would be the most severe.
There may be certain limited instances where by refusing a breathalyzer or a breath test, you can make your case stronger, where the district attorney's office or the prosecution would have less evidence to use against you, namely the breathalyzer or the breath test.
Being charged with a DUI is a serious offense. Having an experienced Pennsylvania DUI attorney in your corner will help you best understand and navigate the criminal process. They should be involved from as early as possible in the case.
