Drunk Driving Defense, DUI Arrest - FAQs

7. What would happen if I refused to take the chemical test?

There are several penalties when an individual refuses to take one of the chemical tests:

  • The suspect will receive a 1-year suspension of their license instead of the 4-month suspension. If it was the second offense within the last ten years, the license suspension will be 2-years. A work-restriction license option is available for those found guilty of driving under the influence, but that option will not be available if there was a refusal to take a chemical test.
  • There is a mandatory jail sentence if the chemical test refusal was written in the complaint against the individual.
  • The court and jury may see a refusal of a chemical test as a consciousness of guilt. Your defense could try other possibilities, such as a fear of needles or inability to register on the breathalyzer.

You can refuse to take the chemical test, but you must be aware of the heightened penalties you may receive for doing so.

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