As a Pennsylvania licensee, you have already agreed to take a chemical test if ever arrested for driving under the influence. Because you have already agreed to take a chemical test, whether it is blood, breath or urine, you are subject to enhanced penalties if you refuse. In looking at it in its most basic terms, a refusal results in your case splitting into two parts: civil and criminal.
On the civil side, PennDOT will suspend your license for 12 months for a first offense and 18 months for a second or subsequent offense. This is an administrative suspension meaning it has nothing to do with the penalties and license suspensions you may face if you go through the ARD program or are convicted of driving under the influence.
As alluded to above, there are additional penalties on the criminal side if you are convicted. The license suspensions associated with your particular case will vary depending on the circumstances and they will not run concurrently with the administrative suspension. For example, if you refused a blood test and are accepted into the ARD program, your total license suspension will be 14 months: 12 months from PennDOT and 60 days from the ARD program.
Arrested for DUI? Refuse a chemical test? If you answered yes to one or both of these questions, all hope is not lost. Both your civil and criminal case can be fought. Contact the Law Office of Attorney Stephen L. Jones today for a free consultation: (610) 999-9384.
