DUI Basics

Implied Consent: What Happens if You Refuse a Test

What Is Implied Consent, and What Happens if You Refuse a Breath or Blood Test?

Implied consent means that by driving in a state, you have agreed to a chemical test for alcohol or drugs if an officer lawfully arrests you for DUI. If you refuse, states attach a consequence, usually a license suspension that is often longer than the one for failing the test: 90 days in Alabama, 1 year in Arizona, 2 years in Hawaii for a first refusal. In some states, such as Alaska and Minnesota, refusing is a crime of its own. Check your state's rule on its state page and your deadline to challenge the suspension with the deadline calculator.

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Photo: Brett Jordan / Pexels

Implied consent is the rule that, by driving on a state’s roads, you have already agreed to a breath, blood or urine test if an officer lawfully arrests you for DUI. You can still say no in most situations. But states attach a price to refusing, and that price is usually a license suspension that starts fast and lasts longer than the one you would get for failing the test.

If you refused a test recently, the most urgent fact is the deadline to challenge the suspension. In Texas you have 15 days from the notice to request a hearing, and in Wisconsin you have 10 days to ask the court for one. Find yours with the DUI deadline calculator.

Every state has an implied consent law. The idea is old: in exchange for the privilege of a license, you agree in advance to testing after a DUI arrest. The Supreme Court described the history in Birchfield v. North Dakota (2016). Originally, the only penalty for refusing was losing your license. Over time, states added more, and some, including North Dakota and Minnesota, made refusing a crime.

Three things are true almost everywhere:

  • The test comes after an arrest. Implied consent covers the evidential test an officer asks for after arresting you, not a casual question at the roadside.
  • Refusing triggers its own license action. It runs on its own track, separate from the criminal DUI case. In California, the DMV’s action is “independent of any court-imposed” penalty.
  • The suspension can be challenged, but only on time. Each state sets a short window to request a hearing or file a petition.

What differs is how long the suspension lasts, whether refusing is a crime, whether a jury can hear about it, and whether refusing raises your sentence if you are convicted of DUI. That is the rest of this page.

Breath Tests, Blood Tests and Your Rights

The type of test matters. In Birchfield, the Supreme Court held that the Fourth Amendment allows a warrantless breath test after a lawful DUI arrest, but not a warrantless blood test. A blood draw is more intrusive, so police generally need a warrant, or an emergency that justifies skipping one. The Court also held that a state may not make it a crime to refuse a blood test based on implied consent alone. It left in place the civil penalties, such as license suspension, and the “evidentiary consequences” of refusing.

You can see this ruling in how states write their laws today:

  • Minnesota makes refusing a breath test a crime, and refusing a blood or urine test a crime only when the officer has a search warrant (Minn. Stat. § 169A.20 subd. 2).
  • Utah makes refusing a blood test after a judge issues a warrant a separate Class B misdemeanor (Utah Code § 41-6a-520.1).
  • Wyoming gives no test after a refusal unless a search warrant is issued, including one sent remotely, or the crash caused serious injury or death (Wyo. Stat. § 31-6-102).
  • West Virginia requires your written consent or a warrant for a blood test, and refusing a blood test alone can’t lead to revocation (W. Va. Code § 17C-5-4).

The small handheld test at the roadside is a different thing from the test after arrest. In Alaska, refusing that roadside preliminary breath test is an infraction, while refusing the chemical test after arrest is a crime (AS 28.35.031(e); AS 28.35.032).

How Long You Lose Your License for Refusing

A first refusal costs you your license for anywhere from 45 days (Connecticut, followed by interlock-only driving) to 2 years (Hawaii), depending on the state. In more than half of the 51 jurisdictions, the answer for a first refusal is about a year. Arizona is typical: 12 months, or 2 years for a second refusal within 84 months (A.R.S. § 28-1321).

The outliers on each end:

First refusal State What the statute sets
Shortest Connecticut 45 days, then 1 year driving only with an ignition interlock (Conn. Gen. Stat. § 14-227b)
Short Alabama 90 days with no prior contacts in 10 years (Ala. Code § 32-5A-304)
Short Mississippi 90 days, or 1 year with a prior DUI (Miss. Code Ann. § 63-11-5)
Typical Arizona, California, Colorado, Oregon 1 year
Long Utah 18 months, then a two-year interlock restriction (Utah Code § 41-6a-521)
Longest Hawaii 2 years with no prior contact in 10 years (Haw. Rev. Stat. § 291E-41)

Repeat refusals climb fast. Massachusetts suspends for 180 days with no priors, 5 years with two priors and for life with three or more (M.G.L. c. 90, § 24). Vermont’s ladder ends at life for a third refusal. Hawaii’s reaches 8 years with two or more priors.

The suspension for refusing is usually longer than the one for failing the test. That gap is the point of the law:

State First refusal First failed test
California 1 year 4 months (age 21+, 0.08 or more)
Texas 180 days 90 days
Colorado 1 year 9 months
Oregon 1 year 90 days
Washington 1 year 90 days
Maryland 270 days 180 days (0.08 to under 0.15)

Several states also add a fee or civil penalty to the suspension. Idaho charges a $250 civil penalty. New York adds a $500 civil penalty ($750 for a repeat within 5 years). Pennsylvania’s restoration fee is $500, $1,000 or $2,000.

The table below lists every state’s refusal penalty and suspension, with the statute and the date it was checked.

Penalty for Refusing a Test by State

Penalty for refusing a test, by state
StatePenalty for refusing a test
DUI law in AlabamaALEA suspends your driving privilege on the schedule in § 32-5A-304 (90 days with no prior contacts in 10 years), and a DUI conviction with a refusal requires 1 year of ignition interlock
DUI law in AlaskaRefusing a chemical test after a DUI arrest is its own crime, a class A misdemeanor, with the same mandatory jail, fines and interlock as DUI (first offense: at least 72 hours, $1,500 and 6 months of interlock), served consecutively to any other sentence, plus license revocation. Refusing a roadside preliminary breath test is an infraction.
DUI law in ArizonaLicense suspended for 12 months, or 2 years for a second or subsequent refusal within 84 months. The suspension takes effect 30 days after the order is served unless you request a hearing in time.
DWI law in ArkansasLicense suspension of 180 days (first), 24 months (second within 5 years), 3-year revocation (third within 5 years), lifetime revocation (fourth within 5 years); victim impact panel and $150 reinstatement fee
DUI law in CaliforniaSuspension for 1 year on a first refusal; revocation for 2 years with one prior within 10 years; revocation for 3 years with two or more priors within 10 years. Refusal is also a special sentencing factor in the criminal case.
DUI law in ColoradoLicense revocation for 1 year (first), 2 years (second) or 3 years (third or later), Persistent Drunk Driver designation, a 2-year interlock requirement, and at least 2 months served before early reinstatement. Refusal can also be used as evidence at a DUI or DWAI trial.
DUI law in Connecticut45-day administrative suspension followed by interlock for 1 year (first refusal), 2 years (second) or 3 years (third or later); evidence of the refusal is admissible in the criminal case
DUI law in Delawarelicense revoked for 1 year with no prior violation within 5 years, 18 months with one, 24 months with two or more; the refusal can be used as evidence at trial; a course of instruction or rehabilitation is required
DUI law in District of Columbia12-month revocation of the privilege to drive in D.C. (or 12-month license denial if unlicensed); D.C. license holders must enroll in the interlock program for 1 to 3 years; the refusal is admissible in court; with a prior DUI or OWI conviction, refusal creates a rebuttable presumption that you were under the influence
DUI law in Floridalicense suspended 1 year for a first refusal or 18 months if previously suspended for refusal; refusing a lawful breath or urine test is also a misdemeanor of the second degree for a first refusal and a misdemeanor of the first degree for a second or subsequent refusal
DUI law in Georgialicense suspended for 1 year with no regular limited permit; the refusal suspension also makes a first-DUI offender ineligible for a limited permit; refusal to submit to blood or urine testing may be offered into evidence at trial
OVUII law in HawaiiAdministrative license revocation of 2 years (no prior alcohol or drug enforcement contact in 10 years), 4 years (one prior) or 8 years (two or more priors). For a driver under 21 arrested for a measurable amount of alcohol, a district judge suspends the license for 12 months on a first refusal and 2 to 5 years for a later refusal.
DUI law in Idaho$250 civil penalty; absolute license suspension of 1 year (first refusal) or 2 years (second refusal within 10 years) with no restricted permit; ignition interlock on all vehicles operated until 1 year after the suspension ends. You may request a court hearing in writing within 7 calendar days; there is no right to consult an attorney before testing.
DUI law in Illinoisstatutory summary suspension of 12 months for a first offender or 3 years otherwise, starting on the 46th day after notice; CDL holders are also disqualified from commercial driving
OWI law in Indianalicense suspension of 1 year, or 2 years with a prior OWI conviction; refusal suspensions are not eligible for specialized driving privileges, though a court may order an ignition interlock instead of suspension
OWI law in Iowalicense revoked for 1 year, or 2 years with a previous revocation; refusal also bars a deferred judgment
DUI law in Kansasadministrative suspension of 1 year followed by interlock-only driving: 2 years (first occurrence), 3 years (second), 4 years (third), 5 years (fourth), 10 years (fifth or later)
DUI law in Kentuckylicense suspended by the court at arraignment; a breath-test refusal may be used as evidence in court and doubles the mandatory minimum jail for a second or third DUI within 10 years; a blood-test refusal may not be used as evidence; no hardship license after a refusal
DWI law in Louisianalicense suspended 1 year (2 years for a second refusal within 10 years); a person who has refused on two previous occasions, or after a crash with a death or serious bodily injury, may not refuse, and refusing then is a crime with a fine of $300 to $1,000 and 10 days to 6 months in jail
OUI law in Maineimmediate license suspension of 275 days for a first refusal (1 year when there is probable cause that death occurred or will occur), 18 months for a second, 4 years for a third and 6 years for a fourth; the refusal is admissible at trial and raises the mandatory minimum jail and fine if you are convicted of OUI
DUI law in Marylandadministrative suspension of 270 days for a first refusal and 2 years for a second or later refusal; a modified suspension or restricted license is available only through 1 year in the Ignition Interlock System Program; if convicted and the refusal is proven, up to 2 more months jail and a $500 fine
OUI law in Massachusettsimmediate suspension of 180 days with no priors, 3 years if you are under 21 or have one prior, 5 years with two priors and life with three or more; no hardship license during a refusal suspension; the vehicle is impounded for 12 hours; the refusal cannot be used as evidence at the criminal trial
OWI law in Michiganlicense suspension of 1 year, or 2 years for a second or subsequent refusal within 7 years; for a commercial vehicle, all vehicle group designations suspended for 1 year (revoked for at least 10 years for a second refusal within 10 years)
DWI law in Minnesotarefusing a breath test, or a blood or urine test under a search warrant, is itself a crime (third-degree DWI, a gross misdemeanor; second-degree with an aggravating factor) and brings license revocation of at least 1 year, or revocation until interlock compliance with a prior incident
DUI law in Mississippi90-day license suspension (1 year with a prior DUI conviction); this administrative suspension is in addition to the criminal DUI penalties and runs consecutively with other suspensions
DWI law in Missouri1-year license revocation; evidence of refusal is admissible in court; reinstatement requires SATOP, and interlock if you have a prior alcohol-related enforcement contact; you may petition the circuit court in the county of arrest for review
DUI law in Montanalicense seized and suspended 6 months for a first refusal, 1 year for a second or subsequent refusal within 5 years; the officer issues a temporary permit valid 5 days; refusing a breath test after a prior implied consent suspension makes a DUI aggravated
DUI law in Nebraskarefusal is a separate crime punished like DUI, plus a 1-year administrative revocation; refusal also triggers the enhanced penalties for second and later offenses
DUI law in Nevadalicense revoked for 1 year, or 3 years with a refusal revocation in the preceding 7 years; an ignition interlock is required to get an interlock privilege during the revocation
DWI law in New Hampshireadministrative suspension of 180 days for a first refusal, 2 years with a prior refusal or prior DWI conviction (9 months and 3 years for refusals on or after January 1, 2027); refusal of both physical and chemical tests after one arrest counts as one refusal, and the suspension does not run concurrently with other suspensions
DWI law in New Jerseya refusal conviction carries license forfeiture and an interlock: first, forfeited until an interlock is installed, with the interlock kept 9 to 15 months, and a $300 to $500 fine; second, 1 to 2 years after installation and $500 to $1,000; third or later, 8 years after installation and $1,000. MVC says officers may take you to a hospital for a blood draw
DWI law in New Mexicolicense revoked for 1 year or until all reinstatement conditions are met, whichever is later; a refusal can also make the DWI aggravated if the court finds you were under the influence
DWI law in New Yorklicense revoked at least 1 year (18 months if a prior refusal or DWI conviction within 5 years) plus a $500 civil penalty ($750 for a repeat within 5 years; $550 for commercial drivers); separate from any DWI penalties
DWI law in North Carolinalicense revoked 12 months by DMV (in addition to the 30-day civil revocation and any DWI penalties); a limited driving privilege may be available after 6 months under conditions
DUI law in North Dakotarefusal is itself a crime under the DUI statute, punished like a DUI, and brings a license revocation of 180 days (first), 2 years (one prior within 7 years) or 3 years (two or more priors). The revocation can be avoided by filing an affidavit and pleading guilty to DUI within 25 days of the temporary permit
OVI law in OhioImmediate administrative license suspension from the time the officer serves notice: 1 year for a first refusal within ten years, rising to 2, 3 and 5 years with prior refusals or OVI convictions
DUI law in OklahomaRevocation for the periods in 47 O.S. § 6-205.1 (at least 180 days for a first in ten years, until IDAP completion), effective 45 days after written notice
DUII law in OregonLicense suspension of 1 year (3 years with a prior within five years) plus a $650 presumptive fine for the traffic violation of refusing a breath or urine test; refusal is admissible in court
DUI law in PennsylvaniaPennDOT suspends your license for 12 months (18 months with a prior refusal suspension or prior DUI sentence), with a restoration fee of $500, $1,000 or $2,000; a DUI conviction after refusing a breath test carries the highest-tier penalties
DUI law in Rhode IslandFirst refusal (civil): $200 to $500 fine, 10 to 60 hours community restitution, 6 month to 1 year suspension, DWI course and/or treatment, possible interlock. Second within 10 years: misdemeanor, up to 6 months in jail, $600 to $1,000 fine, 60 to 100 hours restitution, 1 to 2 year suspension, mandatory interlock. Third or subsequent within 10 years: misdemeanor, up to 1 year in jail, $800 to $1,000 fine, at least 100 hours restitution, 2 to 5 year suspension. Refusing a blood test stays a civil offense even on a repeat, with a 2-year suspension (second) or 2 to 5 years (third). Every violator also pays a $500 highway safety assessment and a $200 Department of Health chemical testing assessment.
DUI law in South CarolinaLicense suspended or denied for 6 months on a first refusal (9, 12 or 15 months for a second, third or fourth offense within 10 years). The refusal may be used against you in court. You can end the suspension early by enrolling in the Ignition Interlock Device Program for the remaining time (at least 3 months). If the suspension is upheld or you don't request a hearing, you must enroll in ADSAP.
DUI law in South DakotaFor adults, a refusal may be admitted as evidence at a DUI trial; officers may require a blood draw after a DUI arrest. A driver under 21 arrested for underage drinking and driving who refuses faces a 1-year license revocation by the Department of Public Safety.
DUI law in TennesseeRefusal is not a criminal offense in itself; the court revokes your license (1 year for a first refusal, or 1 year 6 months for refusing a blood test in a misdemeanor DUI case, from January 1, 2026; 1 year 6 months for any first refusal from January 1, 2027; 2 years with a prior DUI conviction or after a crash with serious bodily injury; 5 years after a fatal crash). Refusing is a violation even if a blood sample is later taken under a search warrant. Refusing while driving on a license revoked, suspended or cancelled for a prior DUI conviction is a Class A misdemeanor with a fine up to $1,000 and at least 5 consecutive days in jail that cannot be suspended. Officers must give a breath test, with or without consent, after a crash that injured or killed someone, when a child under 16 is in the vehicle, or when the driver has a prior DUI or vehicular assault or homicide conviction. A blood test needs consent, a search warrant or exigent circumstances.
DWI law in TexasLicense suspended (or a license denied) for 180 days, or 2 years if your record shows an alcohol- or drug-related enforcement contact in the previous 10 years. The suspension starts on the 40th day after notice unless you request a hearing within 15 days.
DUI law in UtahLicense revoked for 18 months (36 months with a prior offense within 10 years), followed by a two-year interlock restriction and a 5- or 10-year alcohol-restricted driver status. Refusing a blood test after a judge issues a warrant is a separate crime: a Class B misdemeanor sentenced like DUI with one extra day of jail and $100 more in fines.
DUI law in VermontCivil suspension of 6 months for a first refusal, 18 months for a second and life for a third, plus a $50 refusal surcharge before reinstatement; the refusal can be used as evidence. Refusing is a crime if you have a prior DUI conviction, or if you were in a crash causing serious bodily injury or death, and is punished under the DUI penalty section
DUI law in VirginiaA first unreasonable refusal of a breath or blood test is a civil offense with a 1-year license suspension. A breath-test refusal within 10 years of a prior DUI or refusal is a Class 1 misdemeanor with a 3-year revocation; a repeat blood-test refusal is civil with a 3-year revocation. These periods are added to the administrative suspension, and refusal can be used as evidence at trial
DUI law in WashingtonRevocation for at least 1 year (2 years with a prior incident within seven years); the refusal may be used against you in a criminal trial; on conviction a refusal is sentenced like a 0.15 or higher BAC and brings a 2-, 3- or 4-year revocation depending on priors
DUI law in West VirginiaLicense revocation of at least 45 days and up to life after a court order finding that you refused the designated secondary breath test. A refusal becomes final 15 minutes after you refuse. Refusing a blood test only cannot result in revocation, and a blood test needs your written consent or a warrant
OWI law in Wisconsinrevocation by court order: 1 year for a first improper refusal (occupational license after 30 days), 2 years with one prior counted within 10 years, 3 years with two or more priors; periods doubled with a minor passenger under 16; ignition interlock order; assessment and driver safety plan. You have 10 days from the Notice of Intent to Revoke to request a court hearing; without a request, revocation starts 30 days after the notice.
DUI law in Wyomingif you refuse, no test is given unless a search warrant is issued (including a remotely communicated warrant) or serious bodily injury or death resulted; under a warrant a test of the agency's choice may be given

From each state's statutes, DMV and court pages, checked October 2026. Each state's page links its sources.

When a DUI Refusal Charge Is a Crime of Its Own

In most states, refusing is a civil matter: you lose your license, but you aren’t charged with a separate crime for saying no. A group of states goes further and makes refusal its own criminal charge.

  • Alaska: refusal is a class A misdemeanor with the same mandatory jail, fine and interlock as a DUI. For a first offense that means at least 72 hours, $1,500 and 6 months of interlock, served on top of any other sentence.
  • Minnesota: refusing a breath test, or a warranted blood or urine test, is third-degree DWI, a gross misdemeanor.
  • Nebraska: refusal is a separate crime punished like DUI, plus a 1-year administrative revocation (Neb. Rev. Stat. § 60-6,197).
  • North Dakota: refusal is a crime under the DUI statute, punished like a DUI (N.D. Cent. Code § 39-08-01).
  • Rhode Island: a first refusal is civil, but a second within 10 years is a misdemeanor with up to 6 months in jail and a $600 to $1,000 fine (R.I. Gen. Laws § 31-27-2.1).
  • Vermont: refusing is a crime if you have a prior DUI conviction, or if the crash caused serious injury or death (23 V.S.A. § 1201).
  • Louisiana: if you have refused twice before, or after a crash with a death or serious injury, you may not refuse; doing it anyway carries a fine of $300 to $1,000 and 10 days to 6 months in jail (La. R.S. 32:666).

Because of Birchfield, these criminal refusal laws reach breath tests, or blood tests under a warrant, rather than a blood draw demanded on implied consent alone.

Can a Refusal Be Used Against You in Court?

In many states, yes. The prosecutor can tell the judge or jury that you refused, and argue that you refused because you expected to fail. Colorado, Delaware, Missouri, Oregon, South Carolina, Vermont and Washington are among the states whose statutes allow it. In D.C., if you have a prior DUI or OWI conviction, a refusal creates a rebuttable presumption that you were under the influence (D.C. Code § 50-1905).

A few states draw the line differently:

  • Massachusetts: the refusal cannot be used as evidence at the criminal trial.
  • Kentucky: a breath-test refusal may be used as evidence, but a blood-test refusal may not (KRS 189A.105).
  • South Dakota: for adults, a refusal may be admitted at a DUI trial, and officers may require a blood draw after a DUI arrest (S.D. Codified Laws § 32-23-10.1).

Refusing Can Raise Your Sentence if You Are Convicted

Even where refusal isn’t its own crime, it can make a DUI sentence heavier.

  • Alabama: a DUI conviction with a refusal requires 1 year of ignition interlock (Ala. Code § 32-5A-191(t)(2)).
  • California: refusal is a special sentencing factor in the criminal case (Cal. Veh. Code § 23578).
  • Maryland: if you are convicted and the refusal is proven, the court can add up to 2 more months of jail and a $500 fine (Md. Code, Transp. § 21-902(g)).
  • Washington: a refusal is sentenced like a test result of 0.15 or higher (RCW 46.61.5055).
  • Pennsylvania: a DUI conviction after refusing a breath test carries the highest-tier penalties (75 Pa.C.S. § 3804(c)).
  • Maine: a refusal raises the mandatory minimum jail and fine if you are convicted of OUI (29-A M.R.S. § 2411(5)).
  • Iowa: a refusal bars a deferred judgment (Iowa Code § 321J.2).

To see what a conviction carries in your state, use the DUI penalty estimator or read the first DUI guide.

The Deadline to Challenge a Refusal Suspension

A refusal suspension usually starts on a set day unless you act first, and the window to act is short.

  • Texas: the suspension starts on the 40th day after notice unless you request a hearing within 15 days (Tex. Transp. Code § 724.041). See Texas refusal rules.
  • Arizona: the suspension takes effect 30 days after the order is served unless you request a hearing in time. See Arizona refusal rules.
  • Wisconsin: you have 10 days from the Notice of Intent to Revoke to request a court hearing; without one, revocation starts 30 days after the notice. See Wisconsin refusal rules.
  • Idaho: you may request a court hearing in writing within 7 calendar days.
  • Illinois: the summary suspension for refusing starts on the 46th day after notice (625 ILCS 5/11-501.1).
  • Maine: a timely hearing request pauses a high-alcohol suspension, but not a refusal suspension.

The DUI deadline calculator gives the last day for your state from the date on your notice. The full sequence after an arrest is in what happens after a DUI.

What to Do Next

  1. Find the notice the officer gave you. It names the agency or court and starts your clock.
  2. Run your state and date through the deadline calculator and request the hearing before it closes.
  3. Read your state’s refusal page from the state list to see the exact suspension, fees and any interlock rule. You can compare states side by side on DUI laws by state.
  4. Ask whether you can drive at all during the suspension. Many states limit hardship licenses after a refusal, and some offer ignition interlock as the path back.
  5. Talk to a lawyer licensed in your state, the state bar’s lawyer referral service, or ask the court about a public defender at your first appearance. The guide to finding a DUI lawyer explains how to check a lawyer’s license.

If your arrest happened at a roadblock, the DUI checkpoints guide explains where they are legal and how the stop works. For how BAC limits are set, see the blood alcohol content guide.

Frequently Asked Questions

Can I Refuse the Small Roadside Breath Test?

That depends on the state. The roadside or preliminary breath test is separate from the evidential test after arrest. In Alaska, refusing a roadside preliminary breath test is an infraction, while refusing the chemical test after arrest is a class A misdemeanor (AS 28.35.031(e); AS 28.35.032). Check your state page for its rule.

Do I Have the Right to Talk to a Lawyer Before Deciding?

It varies by state. Idaho's statute says there is no right to consult an attorney before testing (Idaho Code § 18-8002). If you were tested or refused without speaking to a lawyer, a lawyer licensed in your state can tell you whether that matters in your case.

Is Refusing Better Than Failing the Test?

No one can answer that for every case, and this guide doesn't give case advice. What the statutes show is that the license loss for refusing is usually longer than for failing. In California, a first refusal brings a 1-year suspension, compared with 4 months for a first failed test at 0.08 or more (Cal. Veh. Code §§ 13353, 13558).

Does a Refusal Suspension Count Against a Commercial License?

Yes, in the states that say so. Illinois disqualifies CDL holders from commercial driving after a refusal (625 ILCS 5/11-501.1), and Michigan suspends all vehicle group designations for 1 year for a refusal in a commercial vehicle (MCL 257.625f). See the CDL guide for the federal rules.

Can I Get a Hardship License After Refusing?

Often not. Massachusetts allows no hardship license during a refusal suspension, Kentucky allows none after a refusal, and Montana allows no probationary license during a refusal suspension. Maryland allows a modified license only through 1 year in its Ignition Interlock System Program. The hardship license guide covers each state.

What if I Agreed to the Test Only Because I Was Told Refusing Was a Crime?

The Supreme Court considered that situation in Birchfield v. North Dakota (2016) and held that motorists may not be criminally punished for refusing a blood test based on implied consent. Whether that affects a particular case is a question for a lawyer licensed in your state.

More on DUI Basics

This guide explains DUI law in plain language from official sources. It isn't legal advice; laws differ by state and change, and a lawyer licensed in your state can advise on your case.

Sources

  1. Birchfield v. North Dakota, 579 U.S. 438 (2016), U.S. Reports vol. 579
  2. A.R.S. § 28-1321 (Arizona implied consent)
  3. Cal. Veh. Code § 13353
  4. Tex. Transp. Code ch. 724
  5. AS 28.35.032 (Alaska refusal)
  6. Minn. Stat. § 169A.20
  7. M.G.L. c. 90, § 24
  8. Wis. Stat. § 343.305

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.