If you refuse to take a breath test your boating license will initially be suspended for 15 days during which a hearing will be conducted to determine whether you refused to take the chemical test. At a hearing, a judge must determine the following:
- Did the officer have reasonable cause to believe you were under the influence of alcohol?
- Did the officer make a lawful arrest?
- Was a sufficient warning given prior to the refusal?
- Did you refuse?
If a judge determines that all 4 questions can be answered “yes”, your boating license will be suspended for six-months. However, if you have been previously convicted of BWI or BWAI or if you have previously refused to take a chemical test, you face a 1-year revocation of your boating license. In addition, you will be required to pay a civil penalty of $200 upon the first occurrence and $500 if there has been a prior suspension or conviction.