Penalties for Refusing a Breathalyzer

When a police officer pulls over a driver on suspicion of driving under the influence, they will administer a series of tests to determine whether the driver is intoxicated. First, law enforcement may require the driver to take field sobriety tests. These tests include the Horizontal Gaze Nystagmus, the Walk and Turn, and the One-Leg Stand. You may also be given a chemical breath test, or a breathalyzer, to determine what your blood alcohol content is.

If you refuse to take a chemical breath test, you will face serious consequences. A first offense refusal can result in a $300-$500 fine, a driving privilege suspension for 7-12 months, and a minimum of 12 hours at the Intoxicated Drivers’ Resource Center. A second offense refusal can result in a driving privilege suspension for 2 years, a fine between $500 and $1,000, and 12 hours in the IDRC. A third or subsequent refusal may result in the suspension of your driving privileges for 10 years, a fine of $1,000, and at least 12 hours in the IDRC.

If you refuse a breath test in a school zone, the penalties are as follows:

  • First offense: 1-2 years driving privilege suspension, $600-$1,000 fine, and 12+ hours in the IDRC
  • Second Offense: 4 years driving privilege suspension, $1,000-$2,000 fine, and 12+ hours in the IDRC
  • Third or Subsequent Offense: 20 years driving privilege suspension, $2,000 fine, 12+ hours in the IDRC

If you have been charged with a DUI, contact an experienced criminal defense attorney today who can provide you with assistance.

The dedicated and compassionate attorneys at Vigilante Law Firm, P.C. would be happy to provide you with assistance in your case and help you recover the compensation you are entitled to. Contact us today to schedule a consultation so we can assess the specific circumstances surrounding your lawsuit.