The Pennsylvania law that sets out all the rules regarding breath, blood, and urine testing for drivers is called the Implied Consent Law.  When you drive any vehicle in Pennsylvania, you have impliedly or presumably consented to breath, blood, and/or urine testing.  If you refuse, you will lose your Pennsylvania driving privileges for a year or more as a penalty for exercising your right to revoke your implied consent.

No one can force you to submit to testing – you do have the right to refuse.  But in order to preserve public safety and to encourage cooperation in testing, the law punishes those who revoke their implied consent.  A law enforcement officer can require that you submit to testing if he has reasonable grounds to believe that you are driving under the influence of drugs or alcohol.  Testing is also mandatory for any drivers who are caught driving while under suspension for a previous drug or alcohol driving violation.  Any driver sentenced to use an ignition interlock device (an electronic device designed to prevent an intoxicated person from starting his or her car) must also submit to breath or blood testing if he is caught driving a vehicle without an interlock device.

Testing used to be required only for drivers of motor vehicles, but recently the Pennsylvania statute was amended to require testing for drivers of any vehicle.  This expands the pool of drivers to include those on bicycles, skateboards, scooters, and similar modes of transportation.  The term “vehicle”, of course, includes all cars, trucks, motorcycles, snowmobiles, dirt bikes, and all-terrain vehicles.  Horses are not considered vehicles; horse-drawn carriages and carts are.         
 
If a law enforcement officer has reasonable grounds to believe that you are driving under the influence, he will request your cooperation in testing.  If you decline, the officer is likely to arrest you and issue a detailed warning that your continued refusal to submit to testing will result in a one-year suspension of your driving privileges.  Even if you are completely sober, you will suffer the suspension of your driving privileges if you do not cooperate in the testing.
 
An 18-month suspension is imposed on drivers who have a prior record of convictions for driving under the influence, and on drivers who have previously refused testing.  A driver who refuses testing has the right to appeal the suspension penalties.  But the suspension will be reversed on appeal only if the driver can prove that the officer did not really have any reasonable grounds for testing, or if the driver can prove that the officer failed to properly warn of the consequences for refusal of testing.  If an officer has observed any impaired behavior at all, a driver cannot win a suspension appeal simply by providing proof of a reason other than drugs or alcohol that may have caused the impairment.

You do not have the right to consult with an attorney before the testing.  Because the human body constantly metabolizes alcohol and drugs, prompt testing is critical to capture the actual levels of alcohol or drugs that existed at the time of driving.  The law recognizes your right to counsel upon arrest, but does not give you the right to delay testing until your lawyer’s arrival.

We have attached a copy of the Pennsylvania DUI Law for your review here:   Pennsylvania’s DUI Law.pdf