Q: Can I be penalized for refusing to take a breathalyzer test?
A: You won’t be penalized in court, but you will face a longer suspension on your driver’s license by the MVA (or a longer time on the ignition interlock in order to continue driving). You have 10 days (to guarantee a hearing before a suspension after 45 days) from the date of arrest to request a hearing to challenge the reasons for the officer to stop and arrest you, as well as to challenge whether or not you knowingly declined the breath test after being advised of your rights and the consequences of refusing. You can also elect the ignition interlock without a hearing. Call a lawyer to address this serious charge.
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