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Pennsylvania's Implied Consent Law

Counsel from a Proven Harrisburg DUI Attorney

Pennsylvania's Implied Consent law (sometimes known as O'Connell Warnings) requires every licensed motorist to submit to a chemical blood alcohol content (BAC) test when asked to by law enforcement. This can mean a blood, urine, or breathalyzer test. While many drivers feel that this law imposes upon them, this law also provides penalties for any driver who refuses—even if they end up not being guilty or convicted of a DUI offense.

If you or a loved one has been charged with a DUI or DUI-related offense, careful navigation is needed. To challenge both the criminal charge and any administrative penalties from the PennDOT—like Implied Consent penalties—proactive and knowledgeable defense counsel is needed. Our team at Curcillo Law, LLC has more than 90 years of combined legal experience, including in handling DUI matters. We are ready to assess the circumstances of your case and diligently pursue every avenue towards a reduction or dismissal of any penalties on your behalf.

Protect your driving privileges today. Contact us to request a case evaluation.

Implied Consent Penalties

Refusing to submit to a chemical test results in a license suspension. These suspensions are in addition to any criminal DUI penalties you might later incur. The arresting officer is required to inform you about this Implied Consent suspension before asking to administer the test.

Implied consent penalties in Pennsylvania include:

  • First offense - 1-year license suspension
  • Second offense - 18-month license suspension
  • Third offense - 18-month license suspension

There are never really any advantages to refusing a chemical test. Not only do they come with their own penalties, but a refusal to take a test can also cast the accused in an unfavorable light during a criminal trial as well, since refusing the test often implies guilt. No matter what your circumstances are, however, it is possible to pursue favorable outcomes both for your criminal DUI charge and your PennDOT Implied Consent penalties.

Start exploring your legal options. Contact us to speak with a dedicated Harrisburg DUI lawyer today.

  • Experience

    90 Years
    Combined Experience

    When choosing a lawyer, experience makes the difference in the fight.

    Read Our Firm's History [+]
  • Success

    Top 100
    Trial Lawyers

    We have been awarded many honors, from Super Lawyers® to Top 100 Trial Lawyers.

    About These Awards [+]
  • Devotion

    Our Client
    Reviews

    Every client & their victory is priority to us as demonstrated through our reviews.

    Read Our Client Testimonals [+]
  • Protection

    Put Our Experience
    to Work For You

    Contact our firm today so that we can get started on winning your case!

    Consultation Form [+]