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I refused a breathalyzer and blood work, the cop said i was being charged w a dui but i was not processed can i still get a dui?

Blue Bell, PA |
Attorney answers 5


Typically, I see individuals taken straight to the jail after a DUI until they sober up. However, I do see a different procedure in the counties where the defendant will receive the charges in the mail. The refusal will puts you in the highest range and would entail mandatory jail sentence. You need an attorney to assist you with this matter.

Michael L. Doyle
Attorney at Law
(215) 900-5565


Yes, you can still be charged with a DUI. In many cases, the officer does arrest you, transport you to a hospital or police station for administration of a blood or breath test to determine blood alcohol content, and then you are processed prior to being released. Such is a typical situation. While your situation is outside of the norm, I seen such situations in the past. Last Friday, I met with a DUI client in a Centre County case in which there was a refusal of the blood test, and, based upon my client's apparent unwillingness to cooperate, the officer did not proceed to processing. Instead, the charges were simply issued in the mail via summons, and the paperwork from the court included a fingerprint order that requires my client to be processed prior to the hearing. The officer would know your name/address from the initial traffic stop, so the officer would have sufficient evidence to identify you to file charges.

Jason S. Dunkle, Esquire
D & H Law Group, P.C.
State College, PA 16801


There are many counties now within Pennsylvania where a person is not processed immediately. Typically in those situations what I see happen is a person will get the official charges in the mail with the police report a few weeks after the stop. Alon with that paperwork is an order from the Court to be processed within a certain amount of time which you need to do. You also should look out for paperwork from PENNDOT since you refused. You will have 30 days from the date of that letter to file an appeal. Refusal of the chemical test carries a separate license suspension. You should absolutely contact attorney about your case and so it is handeled properly.


You will be charged with a DUI, no question. Processing sometimes does not get done until later, and the charges usually come by mail is a few weeks, along with a summons to appear at District Court for your Preliminary Hearing. You may also lose your license for an additional year if the officer notifies Penndot, so you need to hire counsel ASAP. Usually, in refusal situations, I always call the cop immediately and ask him not to notify Penndot about the refusal. If the cop agrees, it may be able to save you a one year suspension.
If this is a first offense then you may be eligible for the ARD program where the charges get dropped after fines and classes. If it is not a first offense, then there is mandatory jail time.

Good luck
Ellis Klein, Esquire
Young, Klein and Associates


It is almost a certainty that you will eventually be charged with a DUI. It is not uncommon for the Police to release you prior to formally charging you. In addition, since you refused blood work, which is required under the informed consent law, you will be considered a 3rd tier offender under the DUI law and charged accordingly. Upon receiving your summons, you should contact an experienced DUI attorney.

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