Can you refuse to take a breathalyzer test? These are your rights under Pennsylvania law

If you’ve ever been pulled over by a law enforcement officer in Pennsylvania and needed to test your breath or your reflexes, you may be wondering if you’re within your rights to refuse those requests — whether you had been drinking or not.

Pennsylvanians may sometimes choose not to comply with these directives, but these cases are often limited in scope and may come with consequences. Knowing your rights can help make the best use of your time when you’re on the road.

In Pennsylvania, it is illegal to drive with a blood alcohol content of 0.08% or higher. Even a first-time offender in the most minor illegal threshold can face probation, a hefty fine and required schooling, according to the Pennsylvania Department of Transportation.

Do Pennsylvania drivers need to comply with blood or breath tests?

Not always, but those who refuse to take a test and are later found guilty of driving under the influence may face even harsher penalties.

Under Pennsylvania’s implied consent law, anyone who drives a commercial vehicle in the commonwealth “is deemed to have given consent to take a test or tests of the person’s breath, blood or urine for the purpose of determining the person’s alcohol concentration or the presence of other controlled substances.” Essentially, drivers have consented to submit to these tests because they obtained a driver’s license.

In Pennsylvania, it is important to keep in mind the differences between a preliminary breath test and more formal testing, such as a breathalyzer test. Preliminary breath tests are usually portable devices used before an arrest to assist officers in determining whether or not drivers should be arrested for driving under the influence. These tests are generally less accurate than their more advanced counterparts, and results are usually not admissible during trial.

“No person has any right to expect or demand a preliminary breath test,” Pennsylvania law reads. There are no direct penalties to refusing a preliminary test, though you may still wind up arrested and asked to test using more advanced equipment down the line.

Following an arrest for driving under the influence, you can refuse to submit to more formal breath or blood testing and skip the process entirely. However, this will — regardless of potential guilt — result in a yearlong license suspension that can escalate to 18 months if you have a prior offense (or have refused chemical testing in the past), plus a fee of up to $2,000 to get your license restored once that period ends. Officers are required to read you the O’Connell Warning, which informs drivers of these penalties should they refuse to submit to breathalyzers and other related tests.

Those who are arrested for driving under the influence of a controlled substance and later refuse more substantial chemical testing (such as a breathalyzer test at a police station) are subject to Pennsylvania’s highest blood alcohol content penalties. For a first-time offender, these penalties include a yearlong license suspension, a fine of between $1,000 and $5,000 and a prison sentence of between 72 hours and six months.

What about field sobriety tests? Can you refuse those in Pennsylvania?

Yes. In Pennsylvania, you can refuse to entertain field sobriety tests without worrying about penalties against your license, unlike chemical tests for blood alcohol content.

Field sobriety tests are generally used to assess whether or not there is probable cause to arrest someone for driving under the influence, according to the Pittsburgh-based law offices of Michael Steven Sherman, P.C. Though employed tests may vary, officers generally use three to establish or evaluate a driver’s sobriety: the walk-and-turn test, the horizontal gaze nystagmus test and the one-legged stand test.

You may refuse to take a field sobriety test, but just as with preliminary breath tests, doing so can have consequences. You may still wind up arrested under suspicion of driving under the influence.

Drunk driving in Pennsylvania

Pennsylvania lowered its legal limit of blood alcohol content from 0.10% to 0.08% in 2003. Today, there are three levels of driving under the influence in the commonwealth: general impairment (0.08% to 0.099%), high blood alcohol content (0.10% to 0.159%) and highest blood alcohol content (0.16% and higher).

The exact punishments for driving under the influence vary by blood alcohol content and prior offenses. A first-offender in the lowest illegal threshold faces just probation and a fine, while a repeat offender in the highest illegal threshold could face up to five years in prison, an 18-month license suspension and up to a $10,000 fine, among other penalties.

Pennsylvania employs a zero-tolerance law for minors found driving under the influence of a controlled substance. Drivers younger than 21 years old who are convicted of driving under the influence with even a 0.02% blood alcohol content can face up to six months in jail, a fine of up to $5,000 and a license suspension of up to 18 months.

There were 42,409 arrests for driving under the influence in 2022 across Pennsylvania, PennDOT reports. That marks a slight decrease from 44,531 such arrests in 2021, the agency says.

Visit PennDOT’s website to learn more about the costs of drunk driving in Pennsylvania.