What happens if you refuse a breath or blood alcohol test, state by state?

Every state’s answer, and the District of Columbia’s, from its own manual or code: 41 have a rule on this, quoted below with where it is written; 10 say nothing on it.

Statutes fetched between 7 and 8 October 2026; manuals fetched between 6 September and 4 October 2026. How the answers are made

StateThe ruleWhere it is writtenAs of
AlabamaA driver arrested for DUI who refuses a chemical breath test when directed by an officer will have their license suspended.Alabama Driver Manual, p.3414 Sep 2026
AlaskaAfter a DUI arrest in Alaska, refusing a breath test or a result of .08 or more leads the DMV to revoke your license, even if the DUI or Refusal charge is dismissed or you are found not guilty.Alaska Driver Manual, p.2014 Sep 2026
ArkansasIf a law enforcement officer instructs you to take an alcohol test, you are compelled by law to do so, and you can lose your driver's license if you refuse.Arkansas Driver License Study Guide, p.744 Oct 2026
CaliforniaIf a law enforcement officer thinks you are driving under the influence of drugs or alcohol, they have the right to ask you to take a blood or urine test, and refusing means DMV will suspend or revoke your driving privilege for one year.California Driver’s Handbook, p.7214 Sep 2026
ColoradoRefusing to be tested for alcohol or drug content is a way to lose your driving privilege.Colorado Driver Handbook, p.214 Sep 2026
ConnecticutWhatever your age, refusing to take a test suspends your operator's license for at least 45 days.Connecticut Driver's Manual, p.3314 Sep 2026
DelawareIf a person arrested for DUI in Delaware refuses the test the officer designates, reasonable steps can be taken to conduct tests without the person's consent.Delaware Driver Manual, p.5414 Sep 2026
Florida(1)(a) A law enforcement officer or correctional officer shall, on behalf of the department, suspend the driving privilege of a person who is driving or in actual physical control of a motor vehicle and who has an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher, or of a person who has refused to submit to a urine test or a test of his or her breath-alcohol or blood-alcohol level. The officer shall take the person’s driver license and issue the person a 10-day temporary permit if the person is otherwise eligible for the driving privilege and shall issue the person a notice of suspension. If a blood test has been administered, the officer or the agency employing the officer shall transmit such results to the department within 5 days after receipt of the results. If the department then determines that the person had a blood-alcohol level or breath-alcohol level of 0.08 or higher, the department shall suspend the person’s driver license pursuant to subsection (3).Florida law, Fla. Stat. § 322.2615(1)7 Oct 2026
GeorgiaA first driving-under-the-influence suspension in Georgia runs for a minimum of 12 months where the blood alcohol concentration was .08 or more, or where the driver refused implied consent testing.Georgia Driver's Manual, p.6818 Sep 2026
Hawaii(c) If a respondent has refused to be tested after being informed: (1) That the person may refuse to submit to testing in compliance with section 291E-11; and (2) Of the sanctions of this part and then asked if the person still refuses to submit to a breath, blood, or urine test, in compliance with the requirements of section 291E-15, the revocation imposed under subsection (b)(1), (2), or (3) shall be for a period of two years, four years, or eight years, respectively.Hawaii law, Haw. Rev. Stat. § 291E-41(c)7 Oct 2026
IllinoisA driver who refuses a breath test may be held financially liable for up to $500 of the cost of blood tests if found guilty of DUI.Illinois Rules of the Road 2026, p.4914 Sep 2026
IowaRefusing a breathalyzer test brings an automatic 1-year revocation of your license.Iowa Driver's License Manual, p.3714 Sep 2026
Kansas(1) On the person's first occurrence, suspend the person's driving privileges for one year and at the end of the suspension, restrict the person's driving privileges for two years to driving only a motor vehicle equipped with an ignition interlock device;Kansas law, K.S.A. 8-1014(a)(1)7 Oct 2026
KentuckyRefusing a requested breath, blood or urine test in Kentucky may result in the court suspending the driver's license.Kentucky Driver Manual, p.2614 Sep 2026
LouisianaIf you refuse an alcohol test on a first offense, your driving privileges are suspended for 365 days.Class D & E Driver's Guide, p.12614 Sep 2026
MaineIf you refuse an alcohol test, your license is immediately suspended by the Secretary of State for up to 6 years.Maine Driver’s License Manual, p.314 Oct 2026
MassachusettsIf your blood alcohol content is above the legal limit or you refuse a test, the officer must take your license and give you a notice of suspension effective immediately.Massachusetts Driver's Manual, p.7314 Sep 2026
MichiganRefusing to submit to a chemical test will result in a license suspension.What Every Driver Must Know, p.1514 Sep 2026
MinnesotaYour license may be revoked if you refuse a test for alcohol or a controlled substance, or if you fail it.Minnesota Driver’s Manual, p.8714 Sep 2026
MississippiRefusing the breath or chemical test gets your license administratively suspended for 90 days.Mississippi Driver's License Manual, p.784 Oct 2026
MissouriIf you refuse a chemical test to determine your BAC, your driver license will be taken away for one year.Missouri Driver Guide, p.7014 Sep 2026
MontanaIf a police officer asks you to take a BAC test, you must do so; you can lose your driver license if you refuse.Montana Driver Manual, p.7214 Sep 2026
NebraskaA person who refuses to submit to a chemical test for alcohol or drugs must serve a 1-year ALR, even on a first offense.Nebraska Driver’s Manual, p.2014 Sep 2026
New JerseyRefusing a breath test in New Jersey carries a violation surcharge of $1,000 a year for three years.New Jersey Driver Manual, p.12714 Sep 2026
New MexicoIf a police or traffic officer asks you to take a BAC test and you refuse, you can lose your driver license for one year.New Mexico Driver Manual, p.294 Oct 2026
New YorkIf a driver refuses to take a chemical test after being arrested, their driver license will be suspended when they are arraigned in court on the alcohol or drug-related charge.New York State Driver's Manual, p.5614 Sep 2026
North CarolinaIf charged with DWI you will be asked to take a chemical test of your breath or blood; refusing any required test brings an immediate revocation of at least 30 days plus a minimum 12-month revocation by the DMV.North Carolina Driver Handbook, p.3114 Sep 2026
North DakotaIf you refuse to take a chemical test, your license will be revoked for 180 days to 3 years.North Dakota Noncommercial Driver License Manual, p.3614 Sep 2026
OhioRefusing a chemical test within two hours of arrest means the license is confiscated and the BMV must impose a suspension of one to five years, which begins immediately.Digest of Ohio Motor Vehicle Laws, p.3214 Sep 2026
OklahomaRefusing an officer’s request to take a BAC test results in automatic revocation of your driving privilege, even if you have not been drinking.Oklahoma Driver Manual, p.6514 Sep 2026
OregonRefusing a breath, blood or urine test may bring a fine and suspension of your driving privileges.2026-2027 Oregon Driver Manual, p.8314 Sep 2026
Rhode IslandIf you refuse a chemical test in Rhode Island, your license is suspended for a minimum of 6 months.Rhode Island Driver’s Manual, p.6114 Sep 2026
South CarolinaYou can lose your driver's license or driving privileges if you refuse to take a breath, blood, or urine test.South Carolina Driver's Manual, p.3914 Sep 2026
South DakotaYou can lose your driver license for 1 year if you refuse to take a BAC test.South Dakota Driver License Manual, p.2014 Sep 2026
TennesseeIf you are arrested and refuse an officer's request to take the test, the court will likely suspend your driving privileges for 12 months.Tennessee Comprehensive Driver License Manual, p.8114 Sep 2026
TexasA person who refuses to give a breath or blood specimen may have the license suspended.Texas Driver Handbook, p.1214 Sep 2026
Vermont(6) If the person refuses to take an evidentiary test, the refusal may be offered into evidence against the person at trial, whether or not a search warrant is sought. The person may be charged with the crime of criminal refusal if the person: (A) has previously been convicted of a violation of section 1201 of this title; (B) is involved in a crash or collision resulting in serious bodily injury or death to another, in which case the court may issue a search warrant and order the person to submit to a blood test, the results of which may be offered into evidence against the person at trial; or (C) knowingly hinders the collection of an evidentiary blood sample when a warrant for that person’s blood is issued pursuant to subdivision (f)(1) of this section.Vermont law, 23 V.S.A. § 1202(d)(6)8 Oct 2026
VirginiaRefusing a breath test, or testing at .08 percent or higher, brings an automatic suspension of seven days for a first offense.Virginia Driver's Manual, p.306 Sep 2026
Washington(a) If the driver refuses to take the test, the driver's license, permit, or privilege to drive will be revoked or denied for at least one year; andWashington law, RCW 46.20.308(2)(a)8 Oct 2026
WisconsinA driver who refuses the test must be arrested for violation of the Implied Consent Law and loses driving privileges for at least one year.Wisconsin Motorists' Handbook, p.4914 Sep 2026
WyomingIf you refuse a required BAC test, law enforcement may obtain a warrant to require the test to be given by an approved tester.Wyoming Rules of the Road Driver License Manual, p.3714 Sep 2026

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