What implied consent means in Pennsylvania
Pennsylvania's implied consent law, 75 Pa.C.S. § 1547, says that anyone who drives in the state is treated as having agreed to a chemical test of breath or blood if a police officer has reasonable grounds to believe they were driving under the influence. A chemical test means the breath test on the machine at the station or a blood draw, usually at a hospital or a county DUI processing center.
If you refuse after an arrest, the law says the test is not done. Instead, the refusal itself carries consequences, and the officer has to warn you about them first. In practice, officers read PennDOT's printed warnings: form DL-26A for a breath test and form DL-26B for a blood test. Police can still apply for a search warrant for a blood sample.
The roadside breath test is not the same thing
The small handheld device some officers use at the roadside is a preliminary breath test. Its only purpose is to help the officer decide whether to arrest you. Under § 1547(k), refusing it does not count as a refusal for the license suspension, and it can't be used as refusal evidence at trial. Field sobriety tests, like the walk-and-turn or the one-leg stand, are not chemical tests either.
What counts as a refusal
You don't have to say the word no. Pennsylvania courts treat anything less than a clear, unqualified yes as a refusal. PennDOT's warning forms tell drivers that asking to speak with a lawyer or anyone else after the warnings, or staying silent, counts as refusing. For a breath test, the form also says you must complete two consecutive breath samples. Not giving enough breath can be treated as a refusal unless a medical condition made it impossible, and the driver generally has to prove that.
The PennDOT license suspension for refusing
A refusal leads to a civil license suspension by PennDOT. It is separate from the criminal DUI case and can apply even if the DUI charge is later reduced, withdrawn or dismissed. Under § 1547(b) and (b.2):
- 12 months for a first refusal.
- 18 months if your license was suspended for a refusal before, or if you were previously sentenced for DUI.
- A restoration fee before you can get a full license back: $500 for a first refusal suspension, $1,000 for a second and $2,000 for a third or more.
This suspension is separate from any suspension that can follow a DUI conviction. PennDOT sends the notice by mail, and the date printed on that letter matters.
You generally have 30 days to appeal
You can appeal a refusal suspension to the county Court of Common Pleas under 75 Pa.C.S. § 1550. The deadline is generally 30 days from the mailing date printed on PennDOT's notice (42 Pa.C.S. § 5571(b) and § 5572), not the day you open the letter. A timely appeal that is filed and served on PennDOT generally puts the suspension on hold until the court decides. A late appeal is usually dismissed.
What PennDOT has to prove
At the appeal hearing, PennDOT generally has to show four things: you were arrested for DUI by an officer who had reasonable grounds, you were asked to take a chemical test, you refused, and you were warned that refusing would suspend your license. These hearings often turn on details, such as whether the officer had reasonable grounds, whether the full warnings were read, and whether what happened was really a refusal.
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How a refusal affects the criminal DUI case
Refusing is not a separate crime in Pennsylvania. But it can still change the criminal case in two ways.
- Tougher sentencing for a breath test refusal. If you refused a breath test, or a blood test under a valid search warrant, and you are convicted of general impairment DUI under § 3802(a)(1), § 3804(c) sentences you the same way as the highest BAC tier. For a first offense, that means at least 72 consecutive hours in jail and a fine of $1,000 to $5,000.
- The refusal can be used as evidence. Under § 1547(e), the prosecutor can tell the judge or jury that you refused. In Commonwealth v. Bell (2019), the Pennsylvania Supreme Court held this is allowed even when the refusal was to a warrantless blood test.
Whether ARD is still possible after a refusal depends on the county's ARD policy and the facts of your case. A refusal also affects how and when you can drive again, which our page on ignition interlock and the work license explains.
Birchfield v. North Dakota and Pennsylvania blood test warnings
In Birchfield v. North Dakota (2016), the U.S. Supreme Court held that police may require a breath test without a warrant after a lawful DUI arrest, but not a blood test. A blood test needs a warrant, valid consent or a recognized exception such as a true emergency. The Court also said states can't make it a crime to refuse a warrantless blood test, although civil penalties like a license suspension, and evidence of the refusal, are still allowed.
Pennsylvania's warnings used to tell drivers that refusing a blood test meant harsher criminal penalties. After Birchfield, PennDOT issued separate blood test warnings, and Act 30 of 2017 changed the law. Today, tougher criminal sentencing applies to a refused breath test, or a refused blood test under a valid search warrant, not to a refused warrantless blood test. In Commonwealth v. Monarch (2019), the Pennsylvania Supreme Court struck down an enhanced sentence that was based on refusing a warrantless blood draw.
This still matters in cases today. If blood was taken without a warrant, the question is whether your consent was valid. If the warnings you heard were wrong, incomplete or misleading, or there was no warrant and no real consent, it may be possible to ask the court to suppress the blood result.
If you already refused: what to do now
- Write down what you remember while it's fresh: which test you were asked to take, what the officer read to you, what you said and who was there.
- Keep every letter from PennDOT and note the mailing date. The 30-day appeal clock usually runs from that date.
- Don't drive once the suspension takes effect. Driving while suspended for a DUI-related reason is its own offense with serious penalties.
- Ask about the ignition interlock limited license. After a refusal suspension, most drivers can apply once they have served 6 months of a 12-month suspension, or 9 months of an 18-month suspension.
- Talk to a DUI defense lawyer before your first court date. The license appeal and the criminal case run on different tracks, and both have deadlines.
For the bigger picture, see our Pennsylvania DUI defense guide, the first offense DUI page and DUI blood tests and the two-hour rule.
This page is general information, not legal advice.
Prior results do not guarantee a similar outcome. Pennsylvania DUI law changes often, and this page reflects the law as of October 2026. Every case depends on its own facts.