Allentown, PA– There is a popular misconception that if a police officer pulls you for drunk driving, you can avoid a DUI by refusing a breath test. The fact is, refusing a breathalyzer or another chemical test in Allentown is not a get out of jail free card. Before you decide to refuse a breathalyzer, you should understand some of the risks of saying “No” to a breathalyzer.
In some cases, refusing a breath test might work in your favor, but that isn’t true in all cases, and sometimes in can lead to greater consequences. Pennsylvania has an implied consent law which requires motorists to comply with an officer’s request you submit to a breathalyzer test or chemical tests if you are pulled over for suspicion of impaired driving.
If you refuse to comply with an officer’s request, you can be charged with a refusing a breath test which means you lose your license immediately, and it will be suspended for at least one year. You won’t go to jail but losing you license on the spot will create plenty of headaches. For a second or third refusal charge, you will lose your license for 18 months.
It’s also important to note that you can be charged with a DUI even if you refuse a breath, and if you happen to be convicted, the penalties will be worse. And your refusal can serve as evidence that you were intoxicated.
There are situations in which refusing a breathalyzer is better than being charged with a DUI. For example, if your blood alcohol concentration is high— 0.10 or more– you might be better off with a refusal charge. Drunken drivers with high blood alcohol concentrations face even tougher penalties than drivers charged with a routine DUI.
Although the consequences for a refusal are not as severe as a DUI, it’s a charge you can’t challenge; it’s automatic. A DUI, however, can be challenged with the help of a DUI defense lawyer in Allentown, Pennsylvania. USAttorneys has a knowledgeable team of attorneys who will work hard on your defense, so you have a chance to minimize some of the consequences you face.
The decision to refuse a breathalyzer is one that you have to make at the moment you are pulled over. You have to think about the consequences and decide whether you want to deal with the penalties of refusal or a DUI. Whatever option you choose, USAttorneys recommends you speak with a DUI lawyer close to you in Allentown. They will explain the consequences you face and what you can do to avoid a conviction. Contact one of our first-rate defense lawyers and set up a consultation today.
Whether you are facing a refusal charge or a DUI, you could use the advice of a legal expert.