According to the Pennsylvania Department of Transportation, in 2022, there were 42,409 driving under the influence (DUI) arrests. Facing a DUI charge can be an incredibly overwhelming experience. We understand how stressful it is to navigate through the complexities of the legal process, especially when you're unsure of your rights regarding DUI tests. It's natural to feel anxious and uncertain about what comes next. With us by your side, you're not alone.



At Strand Law Offices, LLC, we are committed to offering you more than just legal advice. Located in West Chester, Pennsylvania, we serve clients throughout Lancaster County and its surrounding areas. Our team, experienced in DUI law, provides comprehensive legal services that not only address your immediate concerns but also equip you with the knowledge you need to make informed decisions about your case. 

Understanding Implied Consent in Pennsylvania 

In Pennsylvania, the concept of implied consent plays a crucial role in DUI cases. Simply put, if you hold a driver's license in this state, you've implicitly agreed to submit to one or more tests of your breath or blood if law enforcement has reasonable suspicion you're driving under the influence. This means that if you're pulled over, you are legally obligated to comply with a blood alcohol test.

However, understanding this law can be complex, and it's where our knowledge comes into play. We can help clarify any confusion and help protect your rights during this process. 

Blood Alcohol Test vs. Sobriety Test 

It's important to distinguish between a blood alcohol test and a sobriety test. While they may seem similar, they serve different purposes and have different implications. A blood alcohol test measures the concentration of alcohol in your blood, providing concrete evidence of your intoxication level. This test is mandatory under Pennsylvania's implied consent law.

On the other hand, sobriety tests are not compulsory and often don’t accurately reflect whether someone is sober. These tests assess your physical coordination and mental acuity, but they are subjective and can be influenced by various factors. 

Types of Sobriety Tests 

There are several types of sobriety tests that law enforcement may administer during a DUI stop. Here's an overview of each one: 

• Horizontal Gaze Nystagmus (HGN) Test: An officer will ask you to follow a moving object, like a pen or flashlight, with just your eyes. The officer is checking for involuntary jerking of the eye, which can be exaggerated by alcohol impairment. 
• Walk-and-Turn Test: This test asks you to take nine heel-to-toe steps along a straight line, turn on one foot, and then return in the same manner. Officers are looking for signs such as inability to balance, wrong number of steps, or starting before the instructions are finished. 
• One-Leg Stand Test: You'll be asked to stand with one foot approximately six inches off the ground and count aloud until the officer tells you to put your foot down. The officer is watching for swaying, hopping, or using arms to balance, which can indicate impairment. 
• Finger-to-Nose Test: In this test, you'll be asked to close your eyes, tilt your head back slightly, and touch the tip of your nose with your finger. It assesses your physical coordination. 
• Romberg Balance Test: You'll be asked to stand upright, feet together, and lean your head back while keeping your eyes closed. The officer will look for signs of swaying or imbalance. 
• Counting Test: This test asks you to count forward or backward in certain increments. It checks cognitive function and attention span. 
• Alphabet Test: As the name suggests, you'll be asked to say the alphabet forwards or backward. It's another way to check cognitive function. 

Remember, while these tests can be stressful, you have rights during a DUI stop. An experienced criminal defense attorney can gladly help you understand your rights. 

Consequences of Refusal 

Refusing to submit to a sobriety or blood alcohol test can lead to serious consequences. These include: 

• Civil and Criminal Consequences: Refusing a chemical test can lead to both civil and criminal penalties. It's not just about fines; there are also potential repercussions on your driving privileges and criminal record. 
• Implied Consent Law: Pennsylvania's law states that by driving here, you've implicitly agreed to a breath or blood test if legally detained for suspected DUI. If you refuse, the officer can still get a search warrant for a blood sample. 
• License Suspension: If you refuse a chemical test, the Department of Transportation (DOT) will impose a 12-month license suspension, which runs consecutively with any other suspensions. If you have a prior refusal suspension, a prior DUI conviction, or any similar prior offense, the suspension period extends to 18 months. 
• Right to Contest: You have the right to contest the suspension by requesting a hearing. This is a critical step where professional legal representation can make a significant difference. 
• Ignition Interlock Device (IID): Offenders must install and maintain an IID for one year before license reinstatement. This device requires a breath sample before the vehicle can start. 
• Reinstatement Fees: The fees for refusing a chemical test are steep. They start at $500 for a first offense, rise to $1,000 for a second offense, and hit $2,000 for a third offense. 
• Additional Penalties: While refusing a lawful breath test isn't a crime, it can result in additional penalties if convicted of DUI. These can include higher fines, jail time, and driver's license penalties. 
• Admissible in Court: Your refusal to take a test can be used in court and considered when deciding guilt. 

Remember, the consequences of a DUI conviction and implied consent violation in Pennsylvania are serious. But you're not alone in this journey. We're here to provide the legal support you need, every step of the way. If you're looking for a skilled criminal defense attorney in West Chester, Pennsylvania, reach out to our firm today to meet with us. 

Strong & Reliable Legal Guidance 

When dealing with DUI charges and tests, it's crucial to have reliable legal guidance. Our experienced DUI attorneys understand Pennsylvania's DUI laws inside and out. We provide the support and representation you need, thoroughly analyzing your case, challenging the validity of tests conducted, and working tirelessly to protect your rights. 

We aim to achieve the best possible outcome for your situation. We're not just your attorneys; we're your advocates, dedicated to standing with you every step of the way. Trust us to guide you through this challenging time with the strength and reliability that Strand Law Offices, LLC is known for.