This question, when posed, is a trick question. By saying “No”, someone may automatically assume that by not taking a Breathalyzer there will be no penalties involved.  This is not the case at all.  By not submitting to a Breathalyzer test, your license will be suspended for a year.  If you take a Breathalyzer test and fail because your blood alcohol level is above 0.08, your license will be suspended for 6 months.

Before you consent to a Breathalyzer test there are some important things to consider. Remember, if you take a Breathalyzer test it will be admitted as evidence if your case goes to trial; therefore, you may not want to take it.  In addition, there are some cases in which a blood alcohol level of 0.08 or more would be a felony.

These cases are:

  1. A third DUI;
  2. If you were driving a school bus with one or more passengers on board;
  3. If you were involved in a motor vehicle accident that resulted in great bodily harm;
  4. If you were involved in an accident which occurred in a school zone resulting in bodily harm;
  5. If you were involved in a motor vehicle, all-terrain vehicle, snowmobile, or watercraft accident that resulted in the death of another individual;
  6. If you were driving intoxicated with a revoked or suspended license;
  7. If you did not have liability insurance at the time you were pulled over;
  8. If you were involved in an accident that resulted in bodily injury to a child under the age of 16;
  9. If this was a second violation and you have someone under the age of 16 in your vehicle; and
  10. If you were transporting passengers in a vehicle for hire.

You should not take a Breathalyzer test if you may be charged with a felony or an injury is involved.

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