If you’re pulled over in Pennsylvania on suspicion of driving under the influence, you’ll usually be asked to take a breathalyzer or blood test. If you consent and your blood alcohol concentration (BAC) is over the legal limit, you can be charged with DUI. However, what happens if you refuse to have your BAC tested?

You may be wondering whether you can get a DUI in Pennsylvania without a breathalyzer or blood test. Pennsylvania has specific laws regarding the refusal to have your BAC tested. A Pennsylvania DUI lawyer at Kellis Law Firm can help you understand your rights after being pulled over on suspicion of DUI and explain your legal options after a DUI arrest.

What are Pennsylvania’s DUI laws?

Driving under the influence is illegal in Pennsylvania. State law provides that a person may not drive, operate, or be in actual physical control of a moving vehicle after drinking enough alcohol to cause their BAC to be at least 0.08%. BAC is the amount of alcohol in a person’s bloodstream and can typically be measured through a breathalyzer or blood test within 30 to 70 minutes after drinking.

There’s a zero-tolerance law for drivers under 21 years old. This means that Pennsylvania drivers under 21 with 0.02% BAC can be charged with DUI. First-time minor offenders convicted of DUI will go to jail for up to six months, pay a fine of up to $5,000, and have their license suspended for a year.

When you obtain a driver’s license in Pennsylvania, you automatically agree to the state’s implied consent laws. Under these laws, you must submit to a breathalyzer or blood test if pulled over on suspicion of DUI. If you refuse a BAC test, you can be charged with an implied consent violation or DUI refusal.

What are the penalties for DUI and DUI refusal in Pennsylvania?

According to the Pennsylvania Department of Transportation (PennDOT) description of implied consent, your driving privileges will automatically be suspended for one year if you refuse to take a BAC test after an arrest for DUI. This suspension occurs even if you’re found not guilty of DUI. However, if you are found guilty, your driver’s license can be suspended for longer, depending on your BAC level.

If you’ve had a prior DUI conviction and refuse BAC testing, your driving privileges will be suspended for 18 months for the DUI refusal and an additional 18 months for the DUI conviction. Further, you must pay a chemical test refusal restoration fee if you refuse BAC testing. The fee is up to $2,000, depending on your number of prior offenses.

Penalties for DUI are more serious the higher your BAC, the more severe the injuries you cause in an accident, and the number of prior DUI convictions. Penalties for DUI in Pennsylvania can include probation, imprisonment, fines, license suspension, and using an Ignition Interlock device. First-time DUI offenders with high BAC rates may be accepted into the Accelerated Rehabilitative Disposition Program (ARD), which provides alcohol and drug evaluations and rehabilitation treatment.

Can you be convicted of DUI without a BAC reading?

Yes, you can be convicted of DUI without BAC. The law states a person can be prosecuted for DUI with evidence that simply demonstrates that they were “incapable of safely driving” because of alcohol consumption. In other words, prosecutors don’t need your BAC level to prove you were driving under the influence.

How can prosecutors prove a DUI without a BAC reading?

There’s evidence prosecutors can use to prove a DUI without a blood test or breathalyzer BAC reading. If this material demonstrates you were incapable of safely driving, you can face a DUI charge. Evidence prosecutors commonly use to prove DUI without BAC includes:

Dash camera footage of your driving, your traffic stop, and your arrest
Any admissions or statements you make to the police officer
The officer’s observations of your conduct while driving or after you’re stopped
Open alcohol containers in your vehicle
Field sobriety test results

In Pennsylvania, a police officer can pull you over for probable cause and question whether you’ve been drinking. They can perform field sobriety tests and ask you to submit to BAC testing without a search warrant or read your Miranda rights. Then, they can arrest you for DUI refusal and take you to jail, the police station, or the hospital, depending on your perceived level of intoxication.

What should you do if you’ve been arrested for DUI without a BAC?

Whether or not you took a BAC test, you need help from Kellis Law Firm if you’ve been arrested for DUI. Attorney Steven Kellis can meet with you for a free case evaluation to determine if he can get your DUI refusal charges reduced or eliminated. Contact Steven today at (215) 977-4183 to discuss how he can help.