REFUSAL OF CHEMICAL TESTING


Do not refuse chemical testing.

Due to the specifics of the Pennsylvania DUI laws, it is a big mistake to refuse chemical testing when arrested for DUI in Pennsylvania. If you refused to take a breath, blood or urine test after being arrested for DUI in Pennsylvania, your license will be suspended for a period of not less than 1 year and you will face 3 days of mandatory incarceration. A person should take immediate legal action if chemical tests were refused. The arresting officer must forward a Notice of Refusal (DL-26 Form) to inform Pennsylvania Department of Transportation (PennDOT) of a driver’s refusal. Once received, PennDOT forwards an order to the driver that their license shall be suspended in 30 days from the date of correspondence. The driver only has 30 days from this correspondence date to appeal in a civil proceeding to contest the suspension.

If you refused testing, contact us immediately.
Even if you refused DUI testing, we still may be able to help you with a defense, but you need to contact us right away. A successful defense to testing refusal may be based upon one of the following events, among others:

  • The police officer did not inform you that your operating privileges will be suspended upon refusal to submit to chemical testing and that upon conviction, plea or adjudication of delinquency, for driving while imbibing; you will be subject to penalties provided in 75 Pa.C.S. Section 3804.
  • You were misleadingly advised of only the least serious consequence of refusal
  • The Police Department was using an old form and not the updated DL-26 version

We’d Like To Help You With Your DUI

If you are facing criminal charges and are in need of an experience criminal defense attorney or criminal defense law firm, please do not hesitate to contact Jeremy Z. Mittman at (215) 822-9004 or fill out the form below to receive a FREE Consultation.

We’d Love To Help You With Your DUI

If you are facing criminal charges and are in need of an experience criminal defense attorney or criminal defense law firm, please do not hesitate to contact Jeremy Z. Mittman at (215) 822-9004 or fill out the form below to receive a FREE Consultation.

Information

215 822 9004
593 Bethlehem Pike,
Montgomeryville, PA 18936

Areas We Serve

Berks, Bucks, Chester, Columbia, Dauphin, Delaware, Lancaster, Lebanon, Lehigh, Monroe, Montgomery, Montour, Northampton, Northumberland And Schuylkill.

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