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Can I Fight a DUI Charge if I Refused a Breathalyzer or Field Sobriety Test?

On Behalf of

Crouthamel Law Offices |

August 06, 2026

| Dui Defense

Yes, you can still fight a DUI charge in Pennsylvania if you refused a breathalyzer or field sobriety test. However, these tests aren’t treated the same under Pennsylvania law, so refusing them can have different consequences.

If you’re facing a DUI in Lehigh County, Crouthamel Law Offices provides DUI defense and can help you understand how refusing a test affects your case. Knowing the difference between these tests is a good place to start.

Not All DUI Tests Are Treated the Same Way

During a DUI stop, police may ask you to take more than one type of test, and Pennsylvania law doesn’t treat them all the same.

  • A preliminary breath test, sometimes called a roadside breathalyzer, is used before an arrest to help an officer decide whether to make a DUI arrest. Refusing this test doesn’t trigger Pennsylvania’s implied-consent license suspension.
  • Field sobriety tests are roadside exercises officers use to look for signs of impairment, such as difficulty with balance or coordination. They’re also different from the chemical testing covered by Pennsylvania’s implied-consent law.
  • An official chemical breath or blood test comes into play after a DUI arrest when the legal requirements for testing are met. Refusing this test is different because Pennsylvania’s implied-consent law applies, and a refusal can lead to a separate license suspension.

Refusing a Chemical Test Can Have Separate Consequences

Pennsylvania’s implied consent law means that by driving in the state, you’re considered to have agreed to qualifying chemical breath or blood testing when police have the legal grounds to request it. Refusing after a DUI arrest can lead to consequences separate from the DUI charge:

  • License suspension: A refusal can result in a 12-month suspension. That increases to 18 months if you have a qualifying prior DUI or previous refusal suspension.
  • Evidence in the DUI case: Prosecutors can introduce your refusal as evidence in the criminal case.
  • Higher DUI penalties: If you’re convicted of general-impairment DUI after certain chemical-test refusals, you can face the penalties that apply to the highest-BAC category.

The license suspension is tied to the refusal itself. Because it’s separate from the criminal DUI case, you can lose your driving privileges even if you’re later found not guilty of DUI.

You Can Still Challenge the DUI and the Refusal

Refusing a test doesn’t take away your ability to defend against a DUI charge. The prosecution still has to prove its case using the evidence gathered during the stop. 

If you refused chemical testing, the resulting license suspension is a separate issue from the DUI case. Pennsylvania law allows you to appeal that suspension.

DUI Defense After Refusing a Test in Lehigh County

A chemical-test refusal can leave you dealing with a DUI charge and a separate license issue. Getting legal help early gives you a chance to address both while the case is moving forward. Crouthamel Law Offices can review which test police requested and what happened when they say you refused.

If you were arrested for DUI after refusing a test in Lehigh County, call 610-428-3386 or reach out through our contact form to discuss your case.