Most people know it is against the law to refuse a breath or blood test when you are arrested for a DUI. Do you know the differences between being convicted of a DUI v. a refusal?
A first DUI offense is a Class 1 Misdemeanor and is punishable by a fine of $250 to $2500 (mandatory $250 fine) and up to 12 months in jail. There are also stricter punishments for elevated levels of BAC. Further, you lose your license for 1 year. As of July 1, 2012 in order to get a restricted license, you MUST have ignition interlock installed in your car. Finally, you must attend VASAP.
A first refusal is a non-criminal violation and is a civil penalty. There may or may not be a fine attached with the refusal. Your license will be suspended for a year, without the possibility of a restricted license.
A DUI and a refusal and their respective consequences are extremely different. Keep in mind that by refusing a blood or breath test, it does not guarantee that you will not be convicted of a DUI as well. Finally, if you are convicted of both DUI and refusal, your license suspensions (1 year for each) run consecutively, not concurrently.
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