"Refusal" Penalties
for 2007
If apply for a license and use it you are deemed to have given your
consent to tests of your blood, breath, or urine for purposes of determining
alcohol concentration. This is called the implied consent law.
At the testing site, at the time a chemical test is requested, you shall
be informed that:
- a refusal may be used against you in court as evidence and will
result in revocation of your driver's license;
- if you refuse and are subsequently convicted of DUI you will be
subject to a mandatory jail sentence which is twice as long as the
mandatory jail sentence imposed if you submit to the tests; and
- if you refuse you will not be able to obtain a hardship license.
If you submit to the requested tests, you have the right to a test or
tests of your blood performed by a person of your choosing within a
reasonable time and at your expense. You must be advised of this right and
specifically asked, "Do you want such a test?" Remember you must
submit to all requested police chemical tests, except a portable breath
test, before you have the right to an independent test.
Even if you are acquitted of the DUI at trial, the Department of
Transportation will suspend your license for refusing to submit to a
chemical test. For a DUI first offense refusal, a driver's license shall be
suspended for 30 days to 120 days. For a DUI second offense refusal, a
driver's license shall be suspended for 12 months to 18 months. For a DUI
third offense refusal, a driver's license shall be suspended for 24 months
to 36 months. For a DUI fourth offense refusal, a driver's license shall be
suspended for sixty (60) month
Only a "not guilty" verdict or other non-DUI disposition of the
case will prevent theseconsequences. This puts a premium on winning
your DUI case, or obtaining a non-DUI disposition.
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