Copyright 2015. William C. Head. All Rights Reserved.
No blanket “rule” can be laid down in ALL states regarding whether a person should TAKE or REFUSE the official implied consent DUI breath test offered by police following a DWI arrest. Numerous states have now passed laws imposing criminal penalties for refusal of a driver to submit to implied consent DUI breath testing, such as a DUI breath test (after being arrested for DUI-DWI). Depending on the jurisdiction, these drivers can go to jail for up to one year (or possibly longer), simply because they refused breath testing.Other states are less punitive, only assessing a monetary fine. Others impose the “criminal” sanctions only for those drivers who have been convicted for drunken driving previously. With travel across state lines being ubiquitous, people who drink and drive must be aware of these harsh consequences. A recent Hawaii intermediate appellate court case decision highlighted that state’s new law that provides that “refusing to be tested” carries a 30 day jail sentence and a fine. State v. Won, decided March 28, 2015.