How long should my license be suspended for a refusal to blow (breathalyzer)? 44 Answers as of June 28, 2013

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

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Anderson Law Office
Anderson Law Office | Scott L. Anderson
A minimum of one year. Contact DPS and inquire about your license revocation period.
Answer Applies to: Minnesota
Replied: 8/25/2012
Law Office of Michael E. Dailey
Law Office of Michael E. Dailey | Michael E. Dailey
This does vary from state to state. Most will hold the suspension to a year even if the charge was dropped. Some make a second or repeat event a two, three or even five year suspension. You will need to check with your local Drivers License Bureau.
Answer Applies to: Missouri
Replied: 8/20/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
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.
Answer Applies to: Massachusetts
Replied: 8/20/2012
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
That would be one year revocation.
Answer Applies to: New York
Replied: 8/20/2012
Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
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.
Answer Applies to: Michigan
Replied: 8/20/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    6 months to a year anyway.
    Answer Applies to: Michigan
    Replied: 8/20/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    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.
    Answer Applies to: Nevada
    Replied: 8/20/2012
    Attorney Paul Stanko
    Attorney Paul Stanko | Paul Stanko
    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.
    Answer Applies to: Indiana
    Replied: 8/20/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If in Illinois, you will get a one year suspension of your license. If your priors were within the past five years, the suspension would triple.
    Answer Applies to: Illinois
    Replied: 8/19/2012
    Steven Alpers | Steven Alpers
    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.
    Answer Applies to: California
    Replied: 8/19/2012
    Law Office of James Gandy
    Law Office of James Gandy | James Gandy
    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.
    Answer Applies to: California
    Replied: 8/19/2012
    Tannehill, Carmean & McKenzie, PLLC | Jay P. Carmean
    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.
    Answer Applies to: Mississippi
    Replied: 8/19/2012
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    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.
    Answer Applies to: California
    Replied: 8/15/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    At least 1 year.
    Answer Applies to: California
    Replied: 8/15/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    You are looking at Up to a Year in Jail and a $2500 fine and 1 Year License Suspension w/ Ignition Interlock. You Have MADD and Socialist Conservatives to Thank For That.
    Answer Applies to: Virginia
    Replied: 8/15/2012
    MatthewR. Schutz, Esq | Matthew R. Schutz
    In New jersey, 10 years.
    Answer Applies to: New Jersey
    Replied: 8/15/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Automatic one year suspension by DMV for refusal.
    Answer Applies to: California
    Replied: 8/15/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    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.
    Answer Applies to: California
    Replied: 8/15/2012
    Fabian & Associates, Inc.
    Fabian & Associates, Inc. | Stephen G. Fabian, Jr.
    6 or 12 months for the revocation and depending on the dates of all of the actions and arrests, possibly another 18 mo or 48 months with an interlock devise in the vehicle.
    Answer Applies to: Oklahoma
    Replied: 8/15/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    The underage DWI will not count - depending on how long ago the other DWI was will control the loss of license on the current refusal.
    Answer Applies to: New Jersey
    Replied: 8/15/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    Unless you had a prior refusal, one year. If they revoke you longer than that, you can get an interlock license after a year.
    Answer Applies to: Colorado
    Replied: 8/15/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    One year, but you can appeal to circuit court for your privileges back.
    Answer Applies to: Michigan
    Replied: 8/15/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    If the DUI charge was dismissed, the refusal suspension goes away as well.
    Answer Applies to: Georgia
    Replied: 8/15/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    On a third offense over a lifetime, you may be Cancelled as Inimical t Public Safety under Minnesota's laws for a period of one to three years depending on the prior offenses. You would also be required to have a B card when you reinstate which precludes you from consuming any alcohol in the future, whether driving or not, if you wish to retain a valid license.
    Answer Applies to: Minnesota
    Replied: 8/15/2012
    Jennifer L. Gottschalk, Esq. | Jennifer Gottschalk
    In New Jersey a breathalyzer refusal with 2 prior DUI's would result in a 10 year license suspension.
    Answer Applies to: New Jersey
    Replied: 8/15/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you refused the breathalyzer then a hearing should have been ordered within 15 days of the arraignment. If you lost the hearing or failed to appear your license will be suspended for 6 months and you will have to re-apply to Albany for it to be returned.
    Answer Applies to: New York
    Replied: 8/15/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    In NH you would most likely lose your license for a refusal with a prior DUI conviction for a period of two years.
    Answer Applies to: New Hampshire
    Replied: 8/15/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    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.
    Answer Applies to: California
    Replied: 8/15/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    2 or 3 yrs.
    Answer Applies to: California
    Replied: 6/28/2013
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