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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.

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