Pennsylvania · DUI · Checked October 2026

Refusing a Breath or Blood Test in Pennsylvania

Refusing a Breath or Blood Test in Pennsylvania: What Are the Rules?

What happens if you refuse a breath or blood test in Pennsylvania.

Refusal penalty
PennDOT suspends your license for 12 months (18 months with a prior refusal suspension or prior DUI sentence), with a restoration fee of $500, $1,000 or $2,000; a DUI conviction after refusing a breath test carries the highest-tier penalties
License suspension for refusing
12 months; 18 months if you had a prior refusal suspension or a prior DUI sentence
Deadline to challenge
30 days

Refusal Penalties in Pennsylvania

PennDOT suspends your license for 12 months (18 months with a prior refusal suspension or prior DUI sentence), with a restoration fee of $500, $1,000 or $2,000; a DUI conviction after refusing a breath test carries the highest-tier penalties75 Pa.C.S. § 1547(b), (b.2); § 3804(c)

Official source: refusal penalties (Pennsylvania)

License Suspension for Refusing in Pennsylvania

12 months; 18 months if you had a prior refusal suspension or a prior DUI sentence75 Pa.C.S. §§ 1547(b), 1550(a)-(b), 3804(e); 42 Pa.C.S. § 5571(b)

Official source: license suspension for refusing (Pennsylvania)

More on DUI Law in Pennsylvania

See the full overview of DUI laws in Pennsylvania and read about implied consent laws in every state.

This page summarizes Pennsylvania law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Pennsylvania can advise on your case.

Frequently Asked Questions

What Happens if You Refuse a Breath Test in Pennsylvania?

PennDOT suspends your license for 12 months (18 months with a prior refusal suspension or prior DUI sentence), with a restoration fee of $500, $1,000 or $2,000; a DUI conviction after refusing a breath test carries the highest-tier penalties

How Long Is the Suspension for Refusing?

12 months; 18 months if you had a prior refusal suspension or a prior DUI sentence

Sources

  1. Implied consent: 75 Pa.C.S. § 1547(b), (b.2); § 3804(c)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.