What Happens If Your Child Refuses a Breath Test in Pennsylvania?

Refusing a breath or blood test after a DUI stop often feels like a safe choice, especially when parents advise their children to “never blow.” Pennsylvania’s implied consent laws make refusals far more complicated.

Implied Consent Explained

By driving in Pennsylvania, motorists are deemed to have consented to chemical testing if lawfully arrested for DUI. Refusal triggers automatic administrative penalties, separate from the criminal case.

License Suspension Consequences

A refusal typically results in a longer license suspension than some first-offense DUI convictions. These suspensions are handled by PennDOT, not the criminal court.

Criminal Case Implications

While refusal limits chemical evidence, prosecutors may still rely on officer observations and other circumstantial evidence to pursue DUI charges.

Why Strategy Matters

Refusal cases require coordinated defense across both criminal and license proceedings. Treating one without addressing the other creates gaps.

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.

If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.