Can I Go to Jail for Refusing a Breathalyzer Test?
If a person refuses to take a breathalyzer test twice, he or she can be penalized with a year in jail.
The first refusal to submit to a breath test will cause a driver’s license suspension for 12 months. If there is ever a subsequent stop for DUI and a second (or subsequent) refusal to submit to the breath test, this is separate criminal offense. It carries a maximum sentence of 1 year in the county jail.
Generally, it is advisable to take the breath test if requested by kw enforcement. If you have had very little to drink, this is a chance to get evidence that may cause the State to drop your charges. If you have been drinking too much and you know it, you are probably impaired enough to support the State’s case anyhow. If you are pretty sure that you are going to “blow high” and your career depends on your driving privilege (especially if you have a commercial license) then you may decide to refuse the test, suffer the higher penalties on your license, but deprive the State of the critical evidence of how much you have had to drink.
If you or a loved one has been accused of a DUI, contact an attorney at The Defense Group using our website or call us at 407 743 8430 or 407-250-9557 for a FREE CONSULTATION. We are available 24 hours a day in case of emergency, and we are able to arrange appointments for nights or weekends.