State Map

A total of 15 states have criminal test refusal penalties in some form. Caveats apply for the following states:

• Arkansas – law only applies to drivers under 21
• California – refusal only carries criminal penalties if the individual is convicted of the DUI
• Florida – refusal becomes a misdemeanor if the driver’s license has previously been suspended for refusal
• Kentucky – refusal only carries criminal penalties if the individual is convicted of the DUI
• Louisiana – law only applies if the individual has refused to submit to a chemical test on two previous occasions
• Maine – refusal can be considered an aggravating factor at the time of sentencing
• Tennessee – refusal only carries criminal penalties if the person has a suspended/revoked license for DUI or a vehicular assault conviction
• Vermont – refusal only carries criminal penalties if the person has previously been convicted of DUI or is involved in a collision causing serious bodily injury/death

* On 6/23/2016 the Supreme Court of the United States (SCOTUS) ruled in Birchfield v. North Dakota that motorists may not be criminally punished for refusing to submit to a blood test based on legally implied consent. It remains to be seen what impact this will have on the states that currently have criminal penalties for test refusal (that apply to both breath and blood) in place.

To learn more about test refusal penalties, refer to our policy position.

To submit a law update, please contact out Director of Traffic Safety at [email protected]