Implied Consent Refusal Penalties

Refusing to cooperate with the police by declining to submit to chemical testing through blood, urine, or breath testing incurs penalties under the implied consent laws of the state or county in which you are arrested. In the past several years, harsher penalties have been imposed for refusing to submit to chemical testing for intoxication. This implies that the states would like to make the penalties for refusal so severe that a driver would rather submit to testing.

You Will Face These Penalties If Convicted

Punishment under these new implied consent laws include:

• fines
• insurance surcharges
• suspension or revocation of vehicle registration
• jail time.

If the driver is consequently convicted of DUI, the penalties are even greater.

Refusing The Breath Test Could Be Worse Than Failing It

California and Vermont may sentence drivers to jail time for refusing chemical tests – called an implied consent violation – if the driver has previously been convicted of DUI. Three states – Nebraska, Minnesota, and Alaska – took this one step further: they may impose jail time for drivers refusing chemical testing for the first time.

Fines are expensive, not withstanding court costs and possibly increased insurance rates, the fine alone could reach $10,000. Some states require alcohol education program attendance for refusal of testing.

All of these penalties are to encourage drivers to take the chemical tests when requested. If the penalties are harsher for refusing the tests than taking them, more drivers will comply.