Breath Test Refusal

In most states, it is a separate offense to refuse a breath, blood or urine test to determine the presence of alcohol and/or drugs after a DUI, OUI or DWI arrest. When a person receives his or her driver's license, he/she essentially agrees to submit to chemical testing to determine their blood alcohol concentration (BAC) if they are suspected of driving under the influence and arrested for this offense.

A chemical test refusal may result in the immediate suspension of an individual's driver's license, or may even result in criminal penalties (such as jail time) for a driver who has refused breath or blood testing on more than one occasion.

Specific laws and consequences of breath, blood and urine testing will vary from state to state. The information provided here is meant to simply be a guideline and used for informational purposes.

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