OWI Refusals do not carry a jail time or fines, but the penalties associated with a refusal are often considered to be worse than an OWI.
On a second or subsequent offense, even if the driver refuses the test, most officers will hold the driver down and take his blood anyway. The driver ends up with a refusal charge even though the police have his blood test.
First Offense Refusal
Revocation: 1 year
Occupational License Eligibility: After 30 days
Alcohol assessment and driver safety plan required.
Second Offense Refusal
Revocation: 2 years
Occupational License Eligibility: At least 90 days
Alcohol assessment and driver safety plan required. If this is a second offense within 5 years, the court must order an ignition interlock device or vehicle immobilization. The court may order these devices if the first offense was more than 5 years ago.
Third Offense Refusal
Revocation: 3 years
Occupational License Eligibility: At least 120 days
Alcohol assessment and driver safety plan required. If this is a third offense within 5 years, the court must order an ignition interlock device, vehicle immobilization, or even seizure of the vehicle.