Montgomery County Breath Test Refusal Lawyer

While driving in Pennsylvania, nobody anticipates being pulled over by a law enforcement officer. If that officer asks whether you’ve had any alcohol to drink that day and requests that you take a breath test, it’s only natural to wonder whether you have the right to refuse. Under Pennsylvania law, if you operate a motor vehicle on a public roadway, you have implicitly consented to submit to a breath test, blood alcohol test, or other chemical tests. Failure to do so exposes you to the risk of losing your driver’s license in addition to any criminal consequence you may face.

If you’ve experienced this situation and have been charged with drunk driving or failing to take the breath test, the experienced defense attorneys at Rubin, Glickman, Steinberg & Gifford P.C. are here to stand up for your rights.

Breathalyzer Tests & Implied Consent Law in Pennsylvania DUI Cases

According to the Pennsylvania Department of Transportation (PDOT), motorists are considered to be driving under the influence of alcohol if their blood alcohol content (BAC) is at or above 0.08%. When a driver is pulled over on suspicion of drunk or drugged driving, also called driving after imbibing (DAI), the police officer at the scene may require them to take a blood, breath, or urine test to determine the amount of alcohol in their system. Under Pennsylvania’s implied consent law, motorists on public roadways are deemed to have agreed to chemical alcohol tests.

What Are the Penalties for Violating Pennsylvania’s Implied Consent Law?

If a police officer asks a driver to submit to one of these tests at an arrest scene and the driver refuses to comply, they become subject to strict penalties. The PDOT asserts that these punishments are in addition to any other legal implications the driver may face as a result of driving under the influence of drugs or alcohol. While the failure to take the breath test is not a criminal offense, it can result in administrative action being taken against you, leading to a license suspension for up to a year.

Refusing a breathalyzer does not necessarily prevent a DAI charge. A court can still convict you. Moreover, under Pennsylvania’s implied consent law, refusing a breath test can be used as evidence against you in any ensuing charges. For that reason, we highly encourage you to consult with an experienced breath test refusal lawyer to understand your potential legal solutions.

Challenging Breathalyzer Results in Montgomery County DAI Cases

Breath test equipment and operators are not infallible. There are several circumstances in which the courts may dismiss evidence from a breath test. At Rubin, Glickman, Steinberg & Gifford, our DUI attorneys are highly skilled in challenging breathalyzer results for our clients. Some of these circumstances include:

• The equipment was defective.
• Law enforcement improperly maintained the equipment
• The operator was not qualified to administer the test
• Police failed to abide by appropriate procedures during DAI tests

Our attorneys understand the threshold the prosecution must bear to win a conviction and are adept at challenging the evidence they may present against you. Faulty evidence could cause an innocent person to endure years of criminal trouble. We will work to ensure that does not happen to you.

Schedule Your Free Consultation with Award-Winning DUI Breath Test Refusal Lawyers in Montgomery County, PA

A conviction for drunk driving can lead to severe consequences. It can impact your job, limit your mobility through a license suspension, and leave you with a permanent record. Don’t wait to speak to an attorney after an arrest for suspected DAI. At Rubin, Glickman, Steinberg & Gifford, our highly skilled and devoted criminal defense lawyers have stood for the rights of individuals in Montgomery County and throughout Southeastern Pennsylvania for over 65 years. Our talented legal team has earned various esteemed awards, including a Tier 1 ranking with U.S. News—Best Law Firms 2021. 

We are located right off of Route 309 in Colmar, PA, and have an office in Newtown, PA. The breathalyzer refusal lawyers at Rubin, Glickman, Steinberg & Gifford serve areas throughout Montgomery County. Schedule a free consultation with a knowledgeable DUI breath test refusal attorney today by calling 215-822-7575 or complete a contact form.