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Can a minor accused of DUI refuse to take the breath test?

Yes; however, a minor's refusal to submit to a properly requested breath test will result in the following penalties:

  • Suspension of the minor's driving privileges for not less than 120 days after a first arrest for an alcohol-related driving offense. If the minor was arrested and does not have a license, the state will not issue one to the minor for 120 days.
  • A 240-day suspension of driving privileges if the minor's record reflects one or more drug- or alcohol-related offenses during the five-year period preceding the arrest.

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