Can I get a conditional license if I refuse a breathalyzer?

A common question fielded by DUI defense attorneys in all fifty states includes some variation of “Can I get a conditional license if I refuse a breathalizer?” In short, a defendant’s eligibility for some form of conditional license following refusal to submit depends on the nature of each individual state’s implied consent laws, as well as the individual conditions of each case.

In certain states, refusal to submit may result in automatic license suspension, but in others, a defendant may be able to utilize a conditional license for a brief period until his or her administrative hearing concerning the impending license suspension for refusal to submit occurs. In other cases, once the hearing for the refusal to submit (implied consent hearing) occurs, a defendant may be granted a conditional license, if applicable state laws allow such an action (will vary widely from state to state, but generally not allowed, and if allowed, only after a pre-determined waiting period) and if the individual court overseeing a given case agrees to such action. Another option for obtaining a conditional license in light of refusal to submit may also occur in light of the outcome of a criminal case. If the DUI charges are dismissed or a defendant is found not guilty, certain states allow a defendant to have his or her license reinstated, even if the suspension or revocation stems from refusal to submit actions. However, others states explicitly ban reinstatement or granting of conditional licenses based on the outcome of a criminal case related to a refusal to submit action.

As these issues can become a highly complicated, case-specific and state-specific issue, consulting with a DUI lawyer will be in the best interest of any defendant interesting in obtaining some form of hardship based or conditional license following license suspension or revocation under implied consent laws.