The police must conduct a breath test within two hours of the initial arrest or the results of that test may be deemed inadmissible in court. An AID officer will read you the Implied Consent Law, which states that all drivers agree to submit to a breath or blood test if suspected of DUI. However, a suspect still has the right to refuse any chemical testing. Whether you agree to be tested or refuse, the police are almost assuredly going to arrest you for DUI. If you refuse, police view that as an admission of guilt. That is, if you are not willing to be tested, it must be because you know you will fail.
If you are tested and you blow above the .08 BAC limit, you will be arrested and charged with DUI. And, even if you blow slightly below the legal limit, you may also be arrested as police will say that your careless driving is proof of impairment and your levels were likely higher at the time of the stop. At trial, the Commonwealth can try to introduce “relation back” testimony through a chemist to demonstrate what your BAC was at the time of the stop in relation to when the test was administered. Police generally only request blood tests if there is suspicion of drug use based on the smell of marijuana or recovery of narcotics from the vehicle. Despite the above inference that police and the prosecution will try to draw from a refusal, many choose to refuse for other reasons and those can be explained at trial. However, all drivers must be aware that regardless of the outcome of the criminal matter, your driving privileges will likely be suspended by PennDOT for one year simply for the refusal to submit to chemical testing. Finally, there are many ways to challenge the accuracy of the Breathalyzer machine and the manner in which the test was conducted as well as the timing of the breath or blood test in relation to your stop.