Breath test
Breathalyzer refusal: your license is on a shorter clock
You refused the breath test, and that refusal starts its own license suspension, separate from the DUI. The hearing deadline is counted in days.
Answered 24/7. A professional reviews your refusal for free and connects you with a DUI defense lawyer for your state.
Implied consent
Implied consent means that by driving, you are treated as having agreed to a breath, blood or urine test after a lawful arrest. All states have such a law (NHTSA).
Washington's officers, for one, must warn you that a refusal means revocation for at least one year (RCW 46.20.308).
What refusal costs
Refusal penalties are usually harsher than a failed test. NHTSA reports that every state but Wyoming adds a license penalty. In at least 12 states, the refusal was a crime of its own as of June 2018. Roughly one in four drivers arrested for DWI refused the test in the study NHTSA cites.
The refusal hearing window is short. Refuse the station breath test in Michigan and you get 14 days from the notice to ask for a hearing. Without one, the state takes the license for 1 year (MCL 257.625f).
By state
| State | Penalty |
|---|---|
| Michigan | 1 year; 2 years for a second within 7 years |
| Arizona | 12 months; 24 months for a second within 84 months |
| Massachusetts | 180 days with no prior OUI; 3 years with one |
| New York | Revoked at least one year and a $500 civil penalty |
| Florida | 1 year for a first refusal |
| Illinois | 12 months, no MDDP permit |
Massachusetts gives a 15-day window for a refusal hearing (RMV).
Your state's DWI page has its own refusal rule, and the call starts there.
When it helps or hurts
A refusal removes a BAC number from the case, which can help if the driving facts are thin. It hurts in two ways. The suspension is longer, and in some states the prosecutor can tell the jury you refused. A lawyer can check whether the officer gave the warning the law requires, and a missing warning can undo the refusal suspension.
Questions people ask
Can you refuse a breathalyzer?
You can say no, but every state has an implied consent law, and every state except Wyoming adds an administrative penalty for refusing. In at least 12 states the refusal is a crime of its own.
What happens if you refuse a breathalyzer?
Your license is usually suspended longer than for a failed test. Michigan suspends for 1 year on a first refusal; Arizona for 12 months; Massachusetts for 180 days with no prior OUI.
Is it better to refuse a breath test?
There is no one answer. Refusing removes one piece of evidence but brings its own suspension, and in some states the refusal itself can be used at trial.
Can I refuse a field sobriety test?
The roadside tests are a different thing from the breath test at the station. See our field sobriety test page for how they differ.
Read next: The field sobriety test · The DMV hearing · BAC calculator
What to do now
You refused the breath test, and the license case on that refusal moves before your court date. Miss the hearing deadline, and a first refusal can cost your license for a year or more. Call tonight, and a lawyer for your state asks for the police records and requests your hearing.
Call about my refusal (877) 317-9931
Answered 24/7. A professional reviews your refusal for free and connects you with a DUI defense lawyer for your state.
Send your case details
Send your arrest date and the date on your license notice. Those two dates set your refusal hearing deadline, so the call starts there.