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Breathalyzer Refusal and Its Implications

Many people are aware that you lose your license for a period of time if you refuse the breathalyzer test when you are stopped by the police. However, many are not aware that the penalty differs with the number of prior OUI convictions you have had. The following is a breakdown of breath test refusal penalties if you are over 21:

  • If you have no prior OUI convictions your license will be suspended for 180 days.
  • If you have one prior OUI conviction your license will be suspended for three years.
  • If you have two prior OUI convictions your license will be suspended for five years.
  • If you have three or more prior OUI convictions your license will be suspended for life.
  • If you are under 21, the only difference in the penalty is that you lose your license for three years if you have no prior convictions and if you have one prior OUI conviction. The rest remain the same.

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