Are There Criminal Consequences for Refusing A Breath Test?

If you refuse a breath test in Pennsylvania and are charged with DUI, the charges will be under Tier III, the highest tier possible for an alcohol-related DUI. A conviction for a Tier III DUI has a mandatory minimum sentence that ranges from as little as three days in jail to as much as one year in state prison. What mandatory minimum applies to a Tier III conviction depends on how many DUI convictions you have had in the past 10 years. See our resource section for more information on the possible sentences for Tier III offenses. resources page