Attorney Michael Kotik Reviews Your Case | Blood Test Refusal for DUI Charge

If you refuse to provide a blood sample during a DUI stop in Pennsylvania, there are serious consequences — even if you are not ultimately convicted of DUI.

Once the arresting officer submits their report to PennDOT, your driver’s license will typically be suspended for one year based solely 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.

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.

Attorney Michael Kotik reviews numerous refusal cases, and the following defenses regularly arise:

•Improper or missing DL-26A form

The Commonwealth must present a properly executed DL-26A 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.

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 and Attorney Michael Kotik to review your case and discuss your options for defending your license