A state representative is fighting the accusation that he refused a Breathalyzer test during a DUI traffic stop. His hope is that in court he will win the case, and will avoid having his driver's license suspended.

The arrest goes back to Jan. 19. According to the representative, after his arrest he took a Breathalyzer test. However, now he is fighting against the accusation that he refused. If he is found guilty, he would end up most likely having his driver's license suspended.

The prosecutor's office has also already authorized handing down a drunk driving charge against the representative. This charge is based on the results of a blood test.

Aside from the license suspension repercussion that a breath test refusal carries with it, if convicted for DUI, the representative also faces jail time, community service and a fine.

In Pennsylvania, aside from the normal penalties that can come with a DUI conviction, refusing a Breathalyzer or blood test during a DUI traffic stop can exacerbate the consequences, and lead to a person losing their driver's license for a year. In some cases, even if a person is found not guilty of DUI, he or she can also still end up losing their license for a year for refusing these tests.

Because of the sheer disruption that having a suspended license can cause, it is important for any driver who is accused of refusing a Breathalyzer or blood test to talk with an attorney who focuses on DUI related charges to explore what possible defense options may be available.

Source: Mlive.com, "State Rep. Bob Genetski charged with drunken driving, cited for refusing Breathalyzer test," John Barnes, Feb. 21, 2012