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Refusal Charge

After an arrest for a DUI, the police will routinely ask a driver to submit a blood, breath, or urine sample for testing. If a driver refuses to provide the requested sample, an officer will forward to the Pennsylvania Department of Transportation a Notice of Refusal form. Once the refusal form is received, PennDOT will forward a notice of suspension to the driver. The refusal suspension is for a minimum period of 1 year.

A driver has a specific amount of time to file an appeal of the refusal suspension. After an notice of appeal is filed, the court will schedule a hearing. Successful appeals of the refusal suspension result in the restoration of driving privileges.

By Kevin Leckerman

Attorney Kevin Lekerman
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