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
| State | The rule | Where it is written | As of |
|---|---|---|---|
| Alabama | A driver arrested for DUI who refuses a chemical breath test when directed by an officer will have their license suspended. | Alabama Driver Manual, p.34 | 14 Sep 2026 |
| Alaska | After 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.20 | 14 Sep 2026 |
| Arkansas | If 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.74 | 4 Oct 2026 |
| California | If 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.72 | 14 Sep 2026 |
| Colorado | Refusing to be tested for alcohol or drug content is a way to lose your driving privilege. | Colorado Driver Handbook, p.2 | 14 Sep 2026 |
| Connecticut | Whatever your age, refusing to take a test suspends your operator's license for at least 45 days. | Connecticut Driver's Manual, p.33 | 14 Sep 2026 |
| Delaware | If 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.54 | 14 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 |
| Georgia | A 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.68 | 18 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 |
| Illinois | A 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.49 | 14 Sep 2026 |
| Iowa | Refusing a breathalyzer test brings an automatic 1-year revocation of your license. | Iowa Driver's License Manual, p.37 | 14 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 |
| Kentucky | Refusing a requested breath, blood or urine test in Kentucky may result in the court suspending the driver's license. | Kentucky Driver Manual, p.26 | 14 Sep 2026 |
| Louisiana | If you refuse an alcohol test on a first offense, your driving privileges are suspended for 365 days. | Class D & E Driver's Guide, p.126 | 14 Sep 2026 |
| Maine | If 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.31 | 4 Oct 2026 |
| Massachusetts | If 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.73 | 14 Sep 2026 |
| Michigan | Refusing to submit to a chemical test will result in a license suspension. | What Every Driver Must Know, p.15 | 14 Sep 2026 |
| Minnesota | Your 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.87 | 14 Sep 2026 |
| Mississippi | Refusing the breath or chemical test gets your license administratively suspended for 90 days. | Mississippi Driver's License Manual, p.78 | 4 Oct 2026 |
| Missouri | If you refuse a chemical test to determine your BAC, your driver license will be taken away for one year. | Missouri Driver Guide, p.70 | 14 Sep 2026 |
| Montana | If 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.72 | 14 Sep 2026 |
| Nebraska | A 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.20 | 14 Sep 2026 |
| New Jersey | Refusing a breath test in New Jersey carries a violation surcharge of $1,000 a year for three years. | New Jersey Driver Manual, p.127 | 14 Sep 2026 |
| New Mexico | If 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.29 | 4 Oct 2026 |
| New York | If 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.56 | 14 Sep 2026 |
| North Carolina | If 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.31 | 14 Sep 2026 |
| North Dakota | If 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.36 | 14 Sep 2026 |
| Ohio | Refusing 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.32 | 14 Sep 2026 |
| Oklahoma | Refusing 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.65 | 14 Sep 2026 |
| Oregon | Refusing a breath, blood or urine test may bring a fine and suspension of your driving privileges. | 2026-2027 Oregon Driver Manual, p.83 | 14 Sep 2026 |
| Rhode Island | If you refuse a chemical test in Rhode Island, your license is suspended for a minimum of 6 months. | Rhode Island Driver’s Manual, p.61 | 14 Sep 2026 |
| South Carolina | You 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.39 | 14 Sep 2026 |
| South Dakota | You can lose your driver license for 1 year if you refuse to take a BAC test. | South Dakota Driver License Manual, p.20 | 14 Sep 2026 |
| Tennessee | If 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.81 | 14 Sep 2026 |
| Texas | A person who refuses to give a breath or blood specimen may have the license suspended. | Texas Driver Handbook, p.12 | 14 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 |
| Virginia | Refusing 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.30 | 6 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; and | Washington law, RCW 46.20.308(2)(a) | 8 Oct 2026 |
| Wisconsin | A 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.49 | 14 Sep 2026 |
| Wyoming | If 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.37 | 14 Sep 2026 |
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No rule found
No rule found in the manual or code of: Arizona, District of Columbia, Idaho, Indiana, Maryland, Nevada, New Hampshire, Pennsylvania, Utah, West Virginia.
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