DUI Refusal Defense – Law Office of Steven F. O’Meara

In Delaware County, if an individual is asked to submit to a chemical test of their breath, blood or urine, and they refuse, their driver’s license WILL BE SUSPENDED FOR ONE YEAR. That’s right, just for saying “no”!   So, if you have been charged with a DUI offense in Delaware County, or if you have received notice from PennDOT that your license will be suspended for refusal, please contact us at 610-565-9200 to schedule a free consultation. We can help!

How to beat a DUI Refusal

For the last several months I have noticed a dramatic increase in DUI Refusal cases. A Refusal occurs when you are stopped by the police on suspicion of DUI, arrested and removed to the hospital or police station for further testing (Blood or Breath test.)  The arresting police officer will advise you of the testing required and threaten you with a ‘Refusal’ if you decline to be further tested. The officer also is required to review with you the required ‘O’Connell warning sheet.’ If you still Refuse to be tested the officer may still charge you with a DUI based on his observations and subjective testing. 

Additionally, the police will file Refusal paperwork with PennDOT. If PennDOT suspends your license for the Refusal you may suffer a license suspension for a first offense-one year; For subsequent offense-(18) months.

If you are stopped and arrested for a DUI offense you should call our offices immediately after you have been processed by the police and schedule an appointment.  If you are further advised that your matter is considered a refusal by the police you MUST CONTACT OUR OFFICES even faster!! REMEMBER that you do not have a right to counsel during the police investigation and arrest for DUI offense.

What is a DUI Refusal in Pennsylvania?

A DUI refusal in Pennsylvania occurs when a driver refuses to submit to a chemical test after being arrested for suspicion of DUI. If a driver refuses to submit to a chemical test, they will automatically have their driver’s license suspended for a minimum one year after the police file the appropriate paperwork with PennDOT.

What are the Consequences of a DUI Refusal in Pennsylvania?

The consequences of a DUI refusal in Pennsylvania are severe. In addition to having your driver’s license suspended for a minimum of one year. If you are convicted of DUI, you will also face stiff penalties, including jail time, fines, and the loss of your driver’s license. You will also be required to attend various alcohol education programs and install an ignition interlock device on your vehicle. This is important–YOUR LICENSE SUSPENSIONS WILL BE CONSECUTIVE OR “BE RUN ONE AFTER THE OTHER”. 

How can I Avoid a DUI Refusal in Pennsylvania?

The best way to avoid a DUI refusal in Pennsylvania is to never drink and drive. If you are going to drink, make sure that you have a designated driver who can take you home safely. If you are pulled over by the police for suspicion of DUI, be polite and cooperative. Understand the penalties of a chemical test refusal.

See also: Everything you need to know about PennDOT hearing for DUI

The Law Office of Steven F. O’Meara is dedicated to protecting the rights of those who have been charged with DUI. Attorney O’Meara has over 30 years of experience fighting DUI charges, and he knows how to effectively use the law to his clients’ advantage. If you have been charged with DUI, you need a DUI attorney who will work tirelessly to protect your rights and ensure that you receive a fair trial. Attorney O’Meara is that attorney. He will make sure that you are treated fairly by the court system and that you have the best possible chance of success in your case. Contact the Law Office of Steven F. O’Meara today for a free consultation, and let him put his experience to work for you.

Call our offices at (610) 565-9200 and schedule an appointment.