How long should my license be suspended for a refusal to blow (breathalyzer)?

Question

The DUI charge was dropped. I have 2 DUI's on my record over a 12 year period, one was a youthful offender.

Gregory Casale · Answer

The penalty for refusing to take the BT on a 2nd offense is 3 years, BUT, a CWOF does not count as a prior conviction for this purpose.

Jared Altman · Answer

That would be one year revocation.

Michael Dungan · Answer

If you refused the PBT at the scene where you were pulled over, there are no driver's license sanctions for that.  If you refused the chemical test request from the officer after being arrested for drunk driving, that refusal triggers am implied consent suspension of 1 year.  If that is your first and only implied consent suspension, you can petition the circuit court for driving privileges based upon hardship in the county where you were arrested.

Michael J. Breczinski · Answer

6 months to a year anyway.

Larry Dunn · Answer

In Nevada, the law does not allow someone to refuse to submit to an   evidentiary breath or blood test. If a person refuses to submit to a breath  test,  the police are authorized to force a blood test. Therefore there is no   driver's license revocation for refusing an evidentiary test.

Paul Stanko · Answer

If the OWI case was dropped, it may have been possible to get the refusal suspension terminated as well. You should discuss that with your attorney.

Steven Alpers · Answer

If one was 12 years old then that is not going to be considered.  If it is a 2nd within 10 years then your license will be suspended for 2 years, if the other one was within 10 years then it would be a 3 year suspension.

James Gandy · Answer

If this is a pre-arrest field test, you can refuse.  There is no requirement to submit to this test IF you are over 21.  If this is the actual breathalyzer, the DMV can certainly suspend your license for the statutory minimum of one (1) year for your first DUI and two (2) years for your second DUI.  This is true whether or not you were convicted of DUI.  It is also possible that the DMV can refuse to ever issue you a license again.  When you receive a license, you promise to provide blood, urine or breath upon demand; this is known as implied consent. Failure to comply can lead to serious penalties.

Gregory Crain · Answer

That would be 6 months.

Jeffrey Pollock · Answer

That would be 1 year.

Michael Palumbo · Answer

It does not matter your criminal history you have to win the refusal hearing or you will lose your license for at least 1 year. So spend the money on an attorney at the refusal hearing.

Mark R. Thiessen · Answer

6 months if the 1st DWI was over 10 years ago.  That's through the ALR.  Since your 2nd DWI was dropped, the criminal court cannot take it.

Jay P. Carmean · Answer

A MS licensed driver will suffer a ninety (90) day administrative license suspension for refusing to give a breath sample on the Intoxilyzer 8000. The second time it is refused the suspension is one year.  These are administrative suspensions and take place regardless of the outcome of the charges.

Edward Blum · Answer

At least 1 year.

J. Tannehill · Answer

Even if the DUI was dismissed, you will still have to serve a 90 administrative suspension for refusing to blow in the intoxylizer pursuant to Mississippi Code 63-11-5 & 11.

Dennis P. Mikko · Answer

Failure to take a chemical test, ie. the breathalizer, will result in the Secretary of State suspending your license for a period of one year.

Terry Nelson · Answer

Automatic one year suspension by DMV for refusal.

Leonard A. Kaanta · Answer

If you refused a PBT after your arrest, you face 6 points and a 1 year suspension.

Jeff Yeh · Answer

It depends if the second time case (refusal) occurred within 10 years of the prior DUI. To the DMV, the fact that the DUI was dropped is irrelevant. If indeed the refusal occurred within 10 days of a prior DUI, they will suspend your license for 2 years, and you will not be eligible for a restricted license. If the prior is over 10 years, you would still face a 1 year suspension with no restriction.

Jason Savela · Answer

Unless you had a prior refusal, one year.  If they revoke you longer than that, you can get an interlock license after a year.

Jennifer Leigh Gottschalk · Answer

In New Jersey a breathalyzer refusal with 2 prior DUI's would result in a 10 year license suspension.

Brian Wanerman · Answer

I believe it's one year. But, you should be able to apply for a restricted license that allows you to drive only between home, school, and work.

Dean Valente · Answer

12 months suspension for 1st Implied Consent refusal violation.

Ernest Lee · Answer

When you refuse to blow you are automatically suspended for 1 Year.

Michael Lynch · Answer

Regardless of how the criminal proceedings resolve, DMV will suspend a driver's license for a year due to a refusal to submit to chemical testing.

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How long should my license be suspended for a refusal to blow (breathalyzer)?

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