Refused a breathalyzer or blood test? What happens next
Every state has an implied consent law: by driving, you agree to chemical testing after a lawful DUI arrest. Refusing usually brings its own license suspension, often longer than for a failed test.
Updated October 2026 · Sources are linked in the text · General information, not legal advice.
Refusal suspensions (first refusal)
| State | First refusal | Source |
|---|---|---|
| California | 1-year suspension | California DMV: Driving under the influence |
| Florida | 1 year (18 months if previously suspended for a refusal) | Florida Statutes §322.2615 |
| Texas | 180 days (2 years with a prior contact in 10 years) | Texas Transportation Code §724.035 |
| Commercial drivers (CDL), all states | 1-year CDL disqualification | 49 CFR §383.51 (CDL disqualifications) |
The criminal case still goes on
A refusal doesn't end the DUI case. Prosecutors may use other evidence, and in some states the refusal itself has consequences in court. A DUI lawyer can look at whether the request to test was made properly and what your options are.
Don't miss the hearing deadline
Refusal suspensions can usually be challenged at the same administrative hearing as other DUI suspensions, with the same short deadline. See deadlines by state.
Quick answers
Is refusing a breathalyzer a crime?
It depends on the state. Everywhere, it triggers license consequences under implied consent laws. Ask a lawyer how it works where you were arrested.