Frequently Asked Questions: Criminal Law
Are there penalties for refusing to take the breathalyzer?
Yes, the license to operate is suspended as follows:
a. First offender – 180 days
b. First offender under the age of 21 – 3 years
c. Second offender – 3 years
d. Second offender (if first offense was OUI with serious bodily injury) – 10 years
e. Second offender (if first offense was OUI motor
vehicle homicide or manslaughter by motor vehicle) – lifetime
f. Third offender – 5 years
g. Fourth offender – 10 years
h. Fifth offender – lifetime
If after trial the operator is found not guilty, he is entitled to immediate reinstatement of his license to operate.