Understanding DUI Refusal in Mercer, Pennsylvania

If a police officer pulls you over for a DUI (Operating a Vehicle Impaired), which is often called a DUI, and they suspect you’ve been drinking, they might ask you to perform a breathalyzer test. It is essential to understand that before you refuse this test, the officer is required by law to tell you the possible consequences of refusal, as outlined in R.C. 4511.192(B). This rule is part of Pennsylvania’s “implied consent” law, meaning that by driving on Pennsylvania roads, you have already implicitly agreed to submit to such tests.

Refusing a breath test can result in an Administrative License Suspension (ALS). The length of this suspension is determined by specific legal factors found in R.C. 4511.191(8). An ALS can also be triggered if a driver is found to have illegal concentrations of a controlled substance in their system, as specified under R.C. 4511.19(A)(1)(b) through (e). Should you be arrested for a DUI and refuse a chemical test—whether it’s of your breath, blood, or urine—it’s wise to get legal help. A Mercer criminal lawyer can provide the guidance you need. The attorneys at Logue Law Group are experienced in handling these specific types of refusal cases.

For a free consultation to discuss your situation, please contact us.

When an Inability to Submit Is Not a Refusal

Not every failure to complete a substance analysis test is legally considered a refusal. A genuine refusal, as defined by the court in Hoban v. Rice, 25 Pennsylvania St.2d 111, 267 N.E.2d 311 (1971), occurs “when an individual’s behavior, whether through actions, spoken words or overall demeanor, clearly shows an unwillingness to take the test.”

If a person is physically unable to provide a breath sample, this is not counted as a refusal because a refusal requires intent. This principle is supported by the case of *Hoffer-Hodge v. Cartridge, 17162, 1998 WL 906479, at 2 (Pennsylvania Ct. App. 1998). Similarly, failing to blow hard enough into a breathalyzer doesn’t count as a refusal unless you are deliberately disobeying the officer’s clear instructions, as noted in Riebel v. Curry, 38 Pennsylvania Misc. 71, 74, 313 N.E.2d 26 (1974). The court in State v. Glasscock, 111 Pennsylvania App.3d 371, 376, 676 N.E.2d 179 (1996) clarified that a person’s refusal becomes clear when their conduct confirms the officer’s belief that the individual was capable but unwilling to submit to the test. A Mercer DUI lawyer can help determine if your actions constituted a legal refusal.

Potential Consequences for Chemical Test Refusal

If you are found to have refused a chemical test in connection with an Operating a Vehicle Impaired (DUI) charge, you could face a first-degree misdemeanor. The penalties can be significant and may include:

• A jail sentence ranging from at least 3 days to a maximum of 6 months
• Fines between $375 and $1,075
• Mandatory attendance at a three-day driver intervention program
• Suspension of your driver’s license for 6 months to 3 years
• Installation of an ignition interlock device on your vehicle

Navigating these potential penalties can be complex, making it important to consult with a Mercer criminal lawyer.

Seeking Legal Aid for DUI Refusal in Mercer, Pennsylvania

If you are arrested for a DUI in Mercer, the Logue Law Group is ready to help. We provide robust defense strategies for first-time DUI refusal cases and encourage you to discuss your charges with us. Whether your arrest was conducted by the Mercer County Sheriff’s Office, the Youngstown Police Department, or another local law enforcement agency, our team is familiar with the tactics employed by the Mercer County DUI Task Force, particularly concerning sobriety checkpoints. Our Mercer criminal lawyers are experienced in handling these matters.Our legal team also handles more serious offenses, such as second, third, or subsequent DUI refusals. We are committed to informing you about critical defenses, including those related to Pennsylvania’s Implied Consent Statute, to ensure you have the knowledge needed to face your charges. For a better understanding of your case or to secure legal representation, do not hesitate to reach out to the Logue Law Group or call us at 412.389.0805. A skilled Mercer DUI lawyer can develop a defense strategy tailored to your situation.