In York County, PA, when you refuse chemical testing (typically a blood test at a local hospital,such as Memorial Hospital or York Hospital), you are subject to increased penalties. Notably, you cannot be charged for refusing a Preliminary Breath Test, or "PBT." A PBT is usually administered by the officer that makes the initial stop for the DUI using a handheld breathalzyer-type device. You should refuse the PBT. When you are taken to the hospital for a blood test, you should consent. For more on what to do if stopped for DUI in York County, PA, check this page.

What happens if you do not consent to the blood test?

You are charged under the highest tier, which is the same as having a Blood Alcohol Content ("BAC") of .16 or higher. The penalties are listed here. Technically, you are charged under 75 Pa.C.S.A. Section 3802(a)(1) - DUI Incapable of Safe Driving After Refusing Testing, so the charge is slightly different than a straight third tier charge, but the functional effect for sentencing purposes is the same.

In addition, you will lose your license for at least a year (in addition to any suspension for the DUI itself) for refusing chemical testing. This is pursuant to 75 Pa.C.S.A. Section 1547. Your license suspension may be longer if you have had prior refusals or if other circumstances apply.

There is no good reason to refuse chemical testing (in York County, this is almost always a blood test at a hospital). In the worst case scenario, you could be subjected to significantly higher penalties than if you consent to testing. In the best case scenario, you are no worse off.

To discuss the best options under your specific circumstances, you should call attorney Joseph N. Gothie, Esq., at (717) 848-8455 to set up a free, confidential, no-risk consultation to discuss your case, possible sentences, possible defenses, and other DUI issues.

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