It’s a Trap.

 The rules with respect to DUI suspensions are this:

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If you haven’t had a DUI (or DUI Suspension) within 5 years, if you take the breathalyzer and fail you are suspended for 6 months, if you refuse to take the test you are suspended for a year.

Now if you get suspended the suspension starts 46 days from the day you received the Notice of Suspension from the police officer (usually on the arrest date) but later if they are waiting for a lab test to come back.  You can’t drive during the first 30 days of the suspension, but after that you can have a BAIID device in your car and drive.

If you have had a DUI or DUI Suspension within the last five years, if you take the breathalyzer and fail you are suspended for a year, if you refuse to take the test your are suspended for three years. 

Once again the suspension start 46 days from the day you received the Notice of Suspension from the police officer, However you can’t drive for the entire suspension and you can’t get a BAIID device.

Why is it like this?  It’s like this because the State wants to give you incentive to take the test, because if you do their case becomes very easy.  All they will have to do is prove that you were driving and that your BAC was over 0.08 at the time.  And if someone is successful on their first DUI (because they refused the breathalyzer) they get hammered on their second DUI when they try to use the same strategy. 

So, the strategy remains the same.  If it is your first DUI, you don’t perform the field test, the look in your eye test, the ABC’s the breathalyzer or any test.  And for the second DUI, you have to have someone else drive when you have been drinking, for at least five years.