What are the penalties if I refuse a post-arrest breath test?
If the police officer followed the correct procedure, you will be subject to an Administrative License Suspension (“ALS”). The ALS will be for six (6) months if you have no previous DWI’s or test refusals on your record. It will be for two (2) years if you have either a prior DWI or a prior post-arrest test refusal. The suspension for refusing a post-arrest test is always consecutive (e.g., in addition to) any period of revocation imposed by the court. Note that this is an administrative suspension which is imposed by the Department of Safety. The ALS is automatic unless you file a request for a hearing with the Department of Safety within thirty (30) days of your arrest (or within thirty (30) days of receiving notice of the ALS). Additionally, the failure to submit to a post-arrest breath test may be admitted in court in a DWI case to prove consciousness of guilt. 5. What happens if I refuse a post-arrest blood test, urine test or physical field sobriety test? Post-arrest blood tests,
