Breathalyzer Refusal or Failure

If you fail or refuse to submit to a Breathalyzer test, your license will be immediately suspended and your vehicle will be impounded for 12 hours. The duration of your license suspension varies based on your age and how many prior DUI convictions you have on your record.

DRIVERS OVER AGE 21

  • No prior DUI offenses = 180 day suspension
  • 1 prior DUI offense = 3 year suspension
  • 2 prior DUI offenses = 5 year suspension
  • 3 prior DUI offenses = Lifetime suspension

DRIVERS AGE 18 - 21

  • No prior DUI offenses = 3 year suspension + 180 days*
  • 1 prior DUI offense = 3 year suspension + 180 days
  • 2 prior DUI offenses = 5 year suspension + 180 days
  • 3 prior DUI offenses = Lifetime suspension

DRIVERS UNDER AGE 18

  • No prior DUI offenses = 3 year suspension + 1 year**
  • 1 prior DUI offense = 3 year suspension + 1 year
  • 2 prior DUI offenses = 5 year suspension + 1 year
  • 3 prior DUI offenses = Lifetime suspension

*The 180 days is tacked on as a way to persuade underage drivers to participate in an alcohol education program. If this is their first DUI case, the 180-day suspension may be waived if they enroll in a Department of Public Health approved alcohol education program.

** If this is their first DUI case, the additional 1-year suspension may be reduced to 180 days if they enroll in a Department of Public Health approved alcohol education program.

Contact Us to
Discuss Your Case

617.262.1800
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