If you refuse to provide a blood sample during a DUI stop in Philadelphia, there are serious consequences — even if you are not ultimately convicted of DUI.
License Suspension for Refusal
Once the arresting officer submits their report to PennDOT, your driver’s license will usually be suspended for one year based only on the refusal. This suspension is administrative and applies regardless of the outcome of the underlying criminal DUI case.
In most refusal cases, you have the option to appeal the suspension. Filing a timely civil appeal may allow you to stay the suspension pending a hearing.
Civil License Appeal Hearing
At the civil hearing against PennDOT, your attorney must challenge the legality of the refusal and the circumstances surrounding the stop. This is separate from your criminal DUI case and is handled in front of a judge who will determine whether PennDOT has met the elements required to sustain the refusal suspension.
Common Defenses in Blood Refusal Cases
Over the past several years, Attorney Michael Kotik of SKA Law Group has reviewed numerous refusal cases, and the following defenses regularly arise:
• Improper or missing DL-26B form
The Commonwealth must present a properly executed DL-26B form, which advises you of the consequences of refusal. If the wrong form is used or the form is not read correctly, this can be grounds for dismissal.
• Language barrier
If a driver does not understand English and the police choose not to provide interpretation, translation, or reasonable explanation, the “refusal” may not be valid.
• Illegal traffic stop / lack of probable cause
If the initial stop was unlawful, or there was no legal basis to request chemical testing, the refusal may be invalid, undermining PennDOT’s case.
How Michael Kotik and SKA Law Group Can Help?
At SKA Law Group, attorneys such as Michael Kotik evaluate every aspect of the traffic stop, the arrest, the refusal paperwork, and the PennDOT hearing process. We carefully review the facts surrounding your DUI arrest to determine whether you have grounds to challenge the suspension and protect your driving privileges.
If you are facing a DUI refusal in Pennsylvania, contact SKA Law Group to review your case and discuss your options for defending your license
