Refusal of Breath Test

A person is presumed consent to a breath test (or a blood test) by driving on public roads in the Commonwealth.

A first refusal is a a civil offense. The penalty is a one-year suspension of the drivers license, but no jail time or fines will be imposed, (Court costs are imposed).

Subsequent refusals are criminal offenses, depending on the elements below:

Prior offense on accused's record.	Misdemeanor class	Time limit on prior offense
One of: a DUI or a prior refusal to Consent.	Refusal is Class II misdemeanor.	Must be within 10 years.
Two of: a prior refusal or a prior DUI or one of each (the prior offenses must arise out of separate occurrences or incidents.)	Refusal is Class I misdemeanor.	Same as above

Whether or not the refusal is a class I or class II Offense, the Drivers license of a person convicted of a refusal a second time within ten years shall be suspended for three years.