What Happens If I Refuse To Take the DataMaster Test?

If you refuse to take the breath test on the DataMaster machine, you will be issued a citation for DUI AND Refusal to Submit to Test, your driver’s license will be taken and you will be issued a 15-day temporary license.

  1. If you want an ALR hearing, you must file the Petition for the hearing within ten days of your arrest. If you lose the ALR hearing, which happens frequently, you cannot drive for ONE YEAR, or until a judge, at the sentencing hearing, orders you to apply for the ignition interlock permit (IIP).
  2. If you waive the ALR hearing by not filing the petition, AFTER 90 DAYS of no driving, you may apply to the DMV for an IIP for the balance of the one-year revocation.