Should I have refused the breathalyzer?

For decades the conventional thinking was that refusing traded a longer license suspension for the removal of the State's best evidence. That trade no longer exists in the same form.

Since October 1, 2025, refusing a lawful breath or urine test is itself a crime. A first refusal is a second-degree misdemeanor carrying up to sixty days in jail and a $500 fine, alongside a one-year suspension. A second or subsequent refusal is a first-degree misdemeanor with up to twelve months and a $1,000 fine, alongside an eighteen-month suspension. The refusal remains admissible in the DUI case as well. One arrest now produces two criminal cases.

That said, a refusal charge has its own elements, and the State has to prove each of them — that the arrest was lawful, that the request was lawful, that the required warnings were actually given, and that the refusal was knowing.

Whether refusing helped or hurt in a particular case depends on facts nobody can assess from a general answer.