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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
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Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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When you refuse a breathalyzer test and get your license suspended

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When you refuse a breathalyzer test and get your license suspended is that a driving offense or a non-driving offense?

Alex J. Esq. :

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Alex J. Esq. :

Refusing a breathylizer test is considered a moving violation and subjects the person to an automatic license suspension.

Alex J. Esq. :

Does this make sense?

Customer: Yes. I had my license suspended about five years ago and I'm being asked if my suspension was a driving violation or non- driving violation. I refused the breathalyzer. When I went to court I was not convicted of a DUI or DWI but given a PBJ. Since it's considered a moving violation it would be most likely considered a driving violation. Is that correct?
Alex J. Esq. :

That is correct.

Alex J. Esq. :

Because in most cases someone is requested to take breathalyzer test due to being suspected of driving under the influence.

Customer: That makes sense. I wasn't sure since I wasn't convicted. Thanks for direct response and your help.
Alex J. Esq. :

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Customer: I will. Thanks again.
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