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DUI test refusal costs: what saying no adds to the bill

Refusing a chemical test after a lawful DUI arrest does not end the case — it opens a second one. Every state has an implied-consent law, and a refusal triggers its own license suspension, and in some states its own criminal charge, on top of whatever the DUI itself costs. This page prices only the refusal layer, state by state, from the statutes and licensing rules that create it.

Two separate proceedings, two separate costs

A refusal is handled in two places at once. The licensing agency — the DMV, DPS or highway-safety department — imposes an administrative suspension for the refusal itself, and that suspension runs even if the DUI charge is later dismissed or reduced. Separately, the criminal court hears the DUI case, where the refusal can be used as evidence and, in states like Florida, charged as a crime in its own right. A driver can therefore pay for a refusal twice: once in lost driving time and reinstatement fees, and once in court.

The administrative clock is also much faster than the court clock. In Texas a driver has 15 days from arrest to request an Administrative License Revocation hearing; in Florida the window to demand a formal review of a refusal suspension is 10 days. Missing those windows does not add a published fee — it costs the hearing itself, which is often the more expensive outcome. Attorney time spent on the administrative hearing is a market price, covered on our DUI attorney costs page; this page covers only the official consequences.

Florida: the refusal itself becomes a charge

Florida is the clearest example of refusal as a separate offense. Under Florida Statutes § 316.1932, driving in the state is deemed consent to an approved breath, urine or blood test after a lawful DUI arrest. A first refusal is administrative: a one-year license suspension. A second or subsequent refusal is a first-degree misdemeanor under § 316.1939, punishable by up to one year in jail and a fine of up to $1,000 — entirely separate from the underlying DUI — alongside an 18-month administrative suspension with no hardship eligibility during it.

That structure is why Florida refusal cases carry two fine schedules at once: the DUI fine under § 316.193 and, on a repeat refusal, the refusal fine under § 316.1939. Florida law on first refusals changed in 2025, so anyone reading older summaries should confirm the current version of § 316.1939 with the court before relying on it — the figures in the table are the long-standing second-refusal penalties, which the 2025 change built on rather than replaced.

Sources: Florida Statutes §§ 316.1932, 316.1939; Texas Transportation Code ch. 724, § 724.035 (Texas Legislature, statutes.capitol.texas.gov); A.R.S. § 28-1321; California Vehicle Code § 23578 (California Legislative Information). Last verified: October 2026.

Texas and Arizona: suspension, not a separate crime

Texas treats refusal as an administrative matter only — it is not itself a crime — but the suspension is long. Under Texas Transportation Code § 724.035, the Department of Public Safety suspends the license for 180 days for a refusal, and for two years if the driver's record shows one or more alcohol- or drug-related enforcement contacts in the preceding 10 years. A test failure, by comparison, draws a shorter suspension, which is the trade-off the statute builds in: refusing removes the chemical evidence and lengthens the time off the road.

Arizona's implied-consent law, A.R.S. § 28-1321, works the same way at longer durations: a refusal brings a 12-month suspension of driving privileges, and a second refusal within 84 months brings two years. In both states the refusal suspension is separate from, and can run on top of, any suspension imposed for the DUI conviction itself, and reinstatement at the end carries the licensing agency's reinstatement fee — see our license reinstatement guide for those published fees.

California: refusal as an enhancement, plus a one-year DMV suspension

California splits the consequence three ways. Administratively, refusing a post-arrest chemical test brings a one-year DMV suspension for a first refusal, longer for repeats. In the criminal case, Vehicle Code § 23578 directs the court to treat a refusal — like a blood-alcohol level of 0.15 or higher — as a special factor that may justify enhanced penalties, longer program terms and stricter probation conditions. California's DUI statutes also attach additional custody exposure to a proven refusal allegation on repeat offenses.

The practical cost consequence is that a California refusal rarely appears as a single line item. It shows up as a longer DUI program (which bills by length — see DUI classes and program fees), a longer period paying for an ignition interlock where one is ordered, and a full year in which a restricted license may not be available at all. None of those downstream amounts is set by the refusal statute itself, so this page does not add them into a refusal total — no honest single total exists.

Common questions

Is refusing a test a crime by itself?

In Florida, a second or subsequent refusal is — a first-degree misdemeanor under § 316.1939, separate from the DUI. In Texas and Arizona a refusal is not a separate crime; the consequence is the administrative license suspension described above.

Does refusing avoid a DUI conviction?

No. Prosecutors can prove DUI from driving pattern, officer observations and field tests, and the refusal itself can usually be mentioned at trial. What refusal reliably changes is the license side: a longer suspension that applies even without a conviction.

What does it cost to get the license back after a refusal suspension?

The licensing agency's reinstatement fee, which varies by state and is published by that agency — our reinstatement guide lists the schedules we cover. There is no published statewide 'refusal fee' beyond that.

Sources: Florida Statutes §§ 316.1932, 316.1939; Texas Transportation Code § 724.035; A.R.S. § 28-1321; California Vehicle Code § 23578. Last verified: October 2026. This page is educational information about costs only — not legal advice. Laws and fees change; confirm current figures with your court and your state's driver-licensing agency.