Breath Test Refusal Attorney in Pittsburgh, Pennsylvania

Refusing a breath test can carry consequences equally severe as taking the test and failing. In Pennsylvania, under the state's implied consent laws, drivers are required to submit to a chemical test, including a breathalyzer, when suspected of driving under the influence. If you refuse to take the test, the penalties can be immediate and harsh.  

After refusing a breath test, you may face a mandatory license suspension, substantial fines, and potentially criminal charges, which can impact your driving privileges and personal record for years to come. Understanding your rights and the potential repercussions is crucial if you find yourself in this situation.  

As a breath test refusal attorney in Pittsburgh, Pennsylvania, I recognize the critical issues at stake when you're facing charges related to refusing a chemical test. At Marc V. Taiani, Esquire and Allegheny Attorneys at Law, P.C., I am dedicated to securing the best possible outcomes for my clients, which may include challenging the evidence or negotiating for reduced penalties. 

Operating from my office in Pittsburgh, Pennsylvania, I serve clients throughout Allegheny County and the surrounding counties. I understand that facing charges can be overwhelming, and you need clear guidance more than ever. Therefore, I offer free consultations to provide you with the information you need to make informed decisions without any financial stress.  

Pennsylvania Laws on Breath Test Refusal

Pennsylvania's implied consent laws state that by operating a vehicle, you automatically consent to chemical testing if a police officer suspects you of driving under the influence. This can include a breath test, blood test, or urine test.  

Under 75 Pa. C.S.A. § 1547, refusal to submit to a breath test after a lawful arrest can result in:  

• Immediate suspension of your driver's license for 12 months (18 months if you have a prior DUI or refusal on your record). 

• Civil penalties, including fines that can reach up to $2,000. 

• Potential enrollment in alcohol education and treatment programs. 

• Financial responsibility for reinstating your driving privileges. 

Additionally, evidence of refusal can be used against you in court, often making it more challenging to defend against DUI charges.  

Why People Refuse to Take a Breath Test

There are various reasons drivers may refuse to take a breath test, including: 

• Belief that they are not intoxicated and confusion about their rights. 

• Distrust of the accuracy of chemical testing devices. 

• Uncertainty about the consequences of refusal versus compliance. 

• Advice from others suggesting that refusal may be beneficial.  

Regardless of the reason, the penalties for refusal can be stringent, and navigating the legal system without experienced representation can be perilous.  

Defenses to Breath Test Refusal Charges in Pennsylvania

Each breath test refusal case is unique, which is why crafting a customized defense strategy is essential. As a Pittsburgh breath test refusal attorney, I meticulously review the specifics of each client's case before advising on defense options. Some successful defense strategies include:  

• Lack of probable cause for the traffic stop.  

• Improper administration of the breath test request procedures.  

• Medical conditions affecting the ability to provide a breath sample.  

• The officer did not properly warn you of the consequences of refusal.  

• Evidence that the refusal was not a conscious decision (e.g., due to language barriers or misunderstanding).  

At Marc V. Taiani, Esquire and Allegheny Attorneys at Law, P.C., I have a proven track record of defending clients against breath test refusal charges. With nearly 20 years of experience, I serve clients throughout Allegheny County and surrounding counties, including Armstrong, Washington, Butler, Beaver, and Westmoreland.

FAQs

1. What happens if I refuse a breath test for the first time?

If you refuse a breath test for the first time in Pennsylvania, you will face an immediate suspension of your driver's license for 12 months, along with potential fines and other civil penalties. Refusal can also impact your case in court, making it more challenging to defend against DUI charges.

2. Can I contest the license suspension resulting from a breath test refusal?

Yes, you can contest the license suspension that results from a breath test refusal. You have the right to request a hearing where your lawyer can present evidence and argue on your behalf. It's crucial to consult with an experienced criminal defense attorney to explore all possible defenses and improve your chances of a successful outcome.

3. Are there any exceptions to Pennsylvania's implied consent laws?

While Pennsylvania's implied consent laws are strict, there may be exceptions or defenses based on the circumstances of your case. For instance, if an officer did not have probable cause to stop you or failed to follow proper procedures when requesting the breath test, the validity of the stop or test could be questioned.

Consulting with a knowledgeable DUI attorney can help identify applicable exceptions in your situation.